HERNANDEZ-AGUIR v. GEORGIA et al

Filing 6

ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis; DISMISSING 1 Plaintiff's Complaint and FINDING AS MOOT 5 Motion to Appoint Counsel. Ordered by Judge Marc Thomas Treadwell on 8/27/2012. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

GIOVANNI HERNANDEZ-AGUIR,
Plaintiff,
VS.
STATE OF GEORGIA, et. al.
Defendants.
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NO. 5:12-CV-0334-MTT-MSH

ORDER OF DISMISSAL
Plaintiff GIOVANNI HERNANDEZ-AGUIR, a prisoner at the Bibb County Law
Enforcement Center in Macon, Georgia, has filed a pro se complaint under 42 U.S.C.
' 1983 and seeks leave to proceed without prepayment of the $350.00 filing fee or
security therefor pursuant to 28 U.S.C. ' 1915(a).
In his Complaint, Plaintiff alleges that the Bibb County Juvenile Court erred in
removing his child from her mother and placing the child in the custody of Georgia
Department of Human Services. Plaintiff’s Complaint, however, does not allege any
constitutional violation or violation of federal law. He thus fails to state a claim under 42
U.S.C. § 1983, and this Court lacks jurisdiction to hear his objections to the custody order,
see 28 U.S.C. §§ 1331,1332.
Therefore, after having conducted a preliminary review of Plaintiff's Complaint, as
required by 29 U.S.C. ' 1915A(a), the Court finds Plaintiff has failed to state any claim
upon which relief may be granted. Plaintiff’s Compliant is DISMISSED pursuant to 28
U.S.C. ' 1915A(b)(1). Leave to proceed in forma pauperis is GRANTED, but only for the

purpose of this dismissal. Plaintiff’s Motion for the Appointment of Counsel is MOOT.
SO ORDERED this 27th day of August, 2012

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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