Johnson v. Jonesboro Arkansas, City of et al

Filing 3

ORDER granting 1 Motion to Proceed In Forma Pauperis. Johnson's claims against Todd Burton, Tim McCall, Rennell Woods, Darrel Dover, Mitch Johnson, Chris Gibson, Ann Williams, Chris Moore, Charles Coleman, Gene Vance, and Charles Frierson are dismissed without prejudice. The complaint is also dismissed as to the State of Arkansas. The Complaint states a claim upon which relief can be granted against the City of Jonesboro, Mayor Harold Perrin, John Street, L.M. Duncan, Dianne Street, Bob Gibson, Lenders Title Company, and Garver Engineering. The United States Marshals Service is directed to serve summons and complaint on those persons. Signed by Judge J. Leon Holmes on 5/29/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
GARY E. JOHNSON
v.

PLAINTIFF
NO. 3:15CV00136 JLH

CITY OF JONESBORO, ARKANSAS, et al.

DEFENDANTS

ORDER
Gary E. Johnson brings this pro se action alleging that the City of Jonesboro, Lenders Title
Company, Garver Engineering, and several individuals have conspired to deprive him of his
property without due process of law and without just compensation. Johnson has also filed a motion
for leave to proceed in forma pauperis. Title 28 of the United States Code, section 1915(a), provides
that the Court may authorize the commencement and prosecution of a suit without prepayment of
fees. Johnson has submitted an affidavit which shows that he is entitled to proceed in forma
pauperis. Therefore, his motion for leave to proceed in forma pauperis is GRANTED. Document
#1.
The statute also provides that the Court must dismiss the case at any time after the Court
determines that the action is frivolous or malicious, fails to state a claim upon which relief may be
granted, or seeks monetary relief against the defendant who is immune from such relief. 28 U.S.C.
§ 1915(e)(2). That section applies to all in forma pauperis litigants. See, e.g., Newsome v. E.E.O.C.,
301 F.3d 227, 231-33 (5th Cir. 2002); Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205-06 (2nd
Cir. 2002); Hutchinson v. Spink, 126 F.3d 895, 899 (7th Cir. 1997).
Johnson’s complaint names several individuals as defendants who are not named in the text
of the complaint. Those individuals are Todd Burton, Tim McCall, Rennell Woods, Darrel Dover,
Mitch Johnson, Chris Gibson, Ann Williams, Chris Moore, Charles Coleman, Gene Vance, and

Charles Frierson. The complaint fails to state a claim upon which relief may be granted as to those
individuals. Johnson’s claims against those individuals are dismissed without prejudice.
The State of Arkansas is immune from suit under the Eleventh Amendment. Monroe v. Ark.
State Univ., 495 F.3d 591, 594 (8th Cir. 2007). The complaint is therefore dismissed as to the State
of Arkansas.
The Court concludes, for screening purposes only, that the complaint states a claim upon
which relief can be granted against the City of Jonesboro, Mayor Harold Perrin, John Street, L.M.
Duncan, Dianne Street, Bob Gibson, Lenders Title Company, and Garver Engineering. The United
States Marshals Service is directed to serve summons and complaint on those persons.
IT IS SO ORDERED this 29th day of May, 2015.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

2