McClellan v. Boyd

Filing 15

ORDER OF DISMISSAL WITHOUT PREJUDICE, with directions to the Clerk. Signed by Judge Marcia Morales Howard on 6/10/2011. (BL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

JASON MCCLELLAN,
Plaintiff,
v.

Case No. 3:10-cv-1165-J-34TEM

SERGEANT BOYD,
Defendant.
ORDER OF DISMISSAL WITHOUT PREJUDICE
Plaintiff Jason McClellan, an inmate of the Florida penal
system proceeding in forma pauperis, initiated this action by
filing a pro se Civil Rights Complaint (Complaint) (Doc. #1) under
42 U.S.C. § 1983 on November 24, 2010, pursuant to the mailbox
rule. McClellan filed the action while he was an inmate of the
pretrial detention facility (PTDF) and names Sergeant Boyd at PTDF
as the only Defendant.

McClellan asserts that Defendant Boyd

discriminated against him because McClellan chose "to be gay."
On April 26, 1996, the President of the United States signed
into law the Prison Litigation Reform Act, which requires this
Court to dismiss this case at any time if the Court determines that

the allegation of poverty is untrue, 28 U.S.C. § 1915(e)(2)(A), or
the action is frivolous, malicious, fails to state a claim upon
which relief can be granted or seeks monetary relief against a
defendant who is immune from such relief.

See 28 U.S.C. §

1915(e)(2)(B)(i)-(iii).

Court

Additionally,

the

Plaintiff's pro se allegations in a liberal fashion.

must

read

Haines v.

Kerner, 404 U.S. 519 (1972).
"A claim is frivolous if it is without arguable merit either
in law or fact."

Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir.)

(citing Battle v. Central State Hospital, 898 F.2d 126, 129 (11th
Cir. 1990)), cert. denied, 534 U.S. 1044 (2001). A complaint filed
in forma pauperis which fails to state a claim under Fed.R.Civ.P.
12(b)(6) is not automatically frivolous.
U.S. 319, 328 (1989).
only

be

ordered

meritless,"

id.

Section 1915(e)(2)(B)(i) dismissals should

when
at

Neitzke v. Williams, 490

the

327,

or

legal
when

theories
the

are

claims

"indisputably

rely

on

factual

allegations which are "clearly baseless." Denton v. Hernandez, 504
U.S. 25, 32 (1992).
fantastic

or

"Frivolous claims include claims 'describing

delusional

scenarios,

claims

district judges are all too familiar.'"

with

which

federal

Bilal, 251 F.3d at 1349

(quoting Neitzke, 490 U.S. at 328).
Additionally, in any section l983 action, the initial inquiry
must focus on whether the two essential elements to a section l983
action are present:

(1) whether the person engaged in the conduct

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complained of was acting under color of state law; and (2) whether
the alleged conduct deprived a person of rights, privileges or
immunities guaranteed under the Constitution or laws of the United
States.

Houston v. Williams, 547 F.3d 1357, 1360-61 (11th Cir.

2008) (citing 42 U.S.C. § 1983).
Plaintiff has provided a change of address, stating that he is
no longer incarcerated at PTDF, but is incarcerated in the custody
of the Florida Department of Corrections.

See Plaintiff's Notice

of Change of Address (Doc. #13), filed May 6, 2011; see also
http://www.dc.state.fl.us/ActiveInmates (reflecting that Plaintiff
is incarcerated at the Reception and Medical Center with an
estimated release date of October 26, 2027).

As relief, Plaintiff

McClellan requests that this Court "terminate Sergeant Boyd from
working in the Duval County Jail."
is

no

longer

Plaintiff's

a

justiciable

request

for

Complaint at 10.

case

injunctive

or

Since there

controversy

relief,

this

regarding

Court

cannot

provide any meaningful relief. Rowan v. Harris, 316 Fed.Appx. 836,
838 (11th Cir. 2008) (per curiam) (not selected for publication in
the Federal Reporter), cert. denied, 129 S.Ct. 500 (2008).
Additionally, the termination or firing of an employee working at
PTDF is not the sort of relief that this Court is empowered to
grant. Such actions are personnel decisions for the administration
or human resources department at PTDF.

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Therefore, this case will

be

dismissed

without

prejudice

pursuant

to

28

U.S.C.

§

1915(e)(2)(B)(ii).
Accordingly, it is now
ORDERED AND ADJUDGED:
1.

The case is DISMISSED without prejudice.

2.

The Clerk of the Court shall enter judgment dismissing

this case without prejudice.
3.

The Clerk of the Court shall close this case.

DONE AND ORDERED at Jacksonville, Florida, this 10th day of
June, 2011.

sc 6/9
c:
Jason McClellan

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