ADAN v. AMERICAN MUSIC RECORD et al

Filing 4

ORDER GRANTING in forma pauperis and DISMISSING CASE as Frivolous. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 7/29/2014. (tlh)

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

SALEEBAN ISSC ADAN,

:
:
Plaintiff,
:
:
VS.
:
:
AMERICAN MUSIC RECORD, HI MAX :
PRISON, and ALL THE PEOPLE,
:
:
Defendants.
:
________________________________

NO. 5:14-CV-0274-MTT-MSH

ORDER
Plaintiff Saleeban Issc Adan, an inmate confined at Georgia State Prison in
Reidsville, Georgia, has filed a pro se civil rights complaint in this Court seeking relief
under 42 U.S.C. § 1983. Because Plaintiff failed to pay the required fee at the time of
filing, the Court will presume that he also seeks leave to proceed in this action in forma
pauperis. Such leave is GRANTED, but only for the purpose of this Order, as the Court
has conducted a preliminary review of Plaintiff’s Complaint and finds it to be frivolous.
See 28 U.S.C. § 1915A(b)(1).
Under 28 U.S.C. § 1915A, a federal court is required to review pleadings filed by
prisoners and dismiss any complaint against a governmental entity or officer or employee
of a governmental entity that is frivolous or malicious or fails to state a claim upon which
relief may be granted. Id. When conducting the preliminary review, the district court
must accept all factual allegations in the complaint as true. Brown v. Johnson, 387 F.3d
1344, 1347 (11th Cir. 2004). Pro se pleadings are also “held to a less stringent standard
than pleadings drafted by attorneys” and are “liberally construed.” Tannenbaum v.

United States, 148 F.3d 1262, 1263 (11th Cir. 1998). A claim is nonetheless considered
frivolous – and will be dismissed - when, on the face of the complaint, the factual
allegations are “clearly baseless,” or the legal allegations are “indisputably meritless.”
Carroll v. Gross, 984 F.2d 392, 393 (11th Cir.1993) (citation omitted).
In this action, Plaintiff seeks to sue “American Music Record,” “Hi Max Prison,” and
“All the people.” Plaintiff’s only allegations are as follows:
The American Music Record made me songs with my criminal cases. The
Hi Max Prison in Jackson, Georgia I would Dorm-B wing. I want all people to
give money for attacking my hearts and knowing in this matter.
Compl. at 4. These allegations make no sense. Thus, even when liberally construed
and read in the light most favorable to Plaintiff, the Complaint fails to describe any facts
which would give rise to a claim or identify any person who may be sued under § 1983.
The Court accordingly finds that Plaintiff’s claims, whatever they may be, are
“indisputably meritless.” See Carroll v. Gross, 984 F.2d 392, 393 (11th Cir.1993) (per
curiam). Plaintiff’s Complaint is accordingly DISMISSED as frivolous under 28 U.S.C.
§ 1915A(b)(1). See id.
SO ORDERED this 29th day of July, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
jlr

2