Dickerson v. Gallop et al

Filing 3

REPORT AND RECOMMENDATIONS Denying re 2 MOTION for Leave to Proceed in forma pauperis filed by Bobby Dickerson, & Dismissing re 1 Complaint filed by Bobby Dickerson. Objections to R&R due by 10/14/2008. Signed by Magistrate Judge James E. Graham on 9/26/2008. (csr)

LH I
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION

FlD I '' iuR

2008 SEP 26 FM : 28

cLEf.c. SD. DST. oii1 BOBBY DICKERSON, Plaintiff, CIVIL ACTION NO.: CV608-085 ANDREW C. GALLOP and ALGEEN DICKERSON, Defendants

MAGISTRATE JUDGE'S ORDER and REPORT AND RECOMMENDATiON
Plaintiff, a detainee at

Georgia Regional Hospital in Savannah, Georgia, has
complaint

submitted to the Court for filing a in forma pauperis.

and an application seeking to proceed

Plaintiff seeks to file his complaint under 42 U.S.C. § 1983. He alleges that he had an agreement with the landlord of the trailer park where he lived that he would maintain the grounds in return for his monthly rental fee of $130.00. Plaintiff states that while he was incarcerated for seven days, Defendants evicted him from his home and destroyed his property. Plaintiff seeks an order directing Defendants to return his property and to pay him $100,050.00 in damages. A plaintiff states a cognizable claim for relief under 42 U.S.C. § 1983 if his complaint alleges facts showing that his rights as secured by the Constitution and the laws of the United Stateswere violated, and thatthe violation was committed bya person acting under
AO 72A (Rev. 8/82)

color of state law. Touchston v. McDermott, 234 F.3d 1133, 1137 (11th Cir. 2000). 42 U.S.C. § 1983 provides a remedy for violations of a person's constitutional rights by a defendant who acts under color of state law, i.e., a "state actor." A successful section 1983 action requires a showing that the conduct complained of was committed by a person acting under color of state law. Harvey v. Harvey, 949 F.2d 1127, 1130 (11th Cir. 1992). Plaintiff has failed to show that Defendants were state actors at the time of the alleged incident. In addition, Plaintiff has made no showing of an alleged violation of his constitutional rights. Accordingly, Plaintiff's application to proceed in forma pauperis is DENIED. Furthermore, it is my RECOMMENDATION that Plaintiff's Complaint be DISMISSED for failure to state a claim for relief under 42 U.S.C. § 1983. So ORDERED and REPORTED and RECOMMENDED, this '-7 day of September, 2008.

dIES E. GRAHAM ITED STATES MAGISTRATE JUDGE

AO 72A (Rev. 882)