Nickerson v. Providence County et al

Filing 10

MEMORANDUM AND ORDER: adopting 6 Report and Recommendations: The Plaintiff's 1 Complaint is DISMISSED. The Plaintiff's 2 Motion for Leave to Proceed in forma pauperis is DENIED AS MOOT. The Plaintiff's AMENDED COMPLAINT (as at tached to Plaintiff's 9 Objection to the R&R) is DISMISSED without prejudice. So Ordered by Judge Mary M. Lisi on 5/6/2015. (terminating 3 Motion to Appoint Counsel; terminating 4 MOTION for Service) -- A copy of the attached Memorandum and Order was forwarded to pro se Plaintiff via first-class mail on 5/6/2015.(Duhamel, John)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
JASON LAMONTE NICKERSON
v.

CA 15-114 ML

PROVIDENCE COUNTY, et al.
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s objections (Docket #40) to the Report and
Recommendation issued by Magistrate Judge Sullivan on April 6, 2015 (Docket #6). Having
reviewed the Report and Recommendation and having considered the Plaintiff’s objections
thereto, the Court agrees with the conclusions of the Magistrate Judge. Accordingly, the Report
and Recommendation is adopted and Plaintiff’s Complaint is dismissed pursuant to 28 U.S.C. §
§ 1915(e)(2), 1915A. Plaintiff’s Motion to Proceed In Forma Pauperis is DENIED as moot.
The Court notes that Plaintiff attached to his written objections to the Report and
Recommendation an “Amended Complaint.” This Amended Complaint, like the original
Complaint, names parties as defendants who are immune from suit by virtue of their judicial and
prosecutorial immunity. As such, those reasserted claims are frivolous and fail to state a viable
claim. The Court notes that Plaintiff, in the Amended Complaint, appears to make some claims
against Defendants not named in the original Complaint. Because the Amended Complaint, even
read liberally, is confusing and it is difficult to discern what Plaintiff is claiming, the Court will
DISMISS the Amended Complaint without prejudice.

SO ORDERED:

/s/ Mary M. Lisi
Mary M. Lisi
United States District Judge
May 6, 2015