Gillis v. Claiborne County Detention Center (TVV)

Filing 3

MEMORANDUM AND ORDER: This action is DISMISSED sua sponte, as frivolous and for failure to state a claim upon which relief can be granted under § 1983. Because the plaintiff is in federal custody, he is herewith ASSESSED the civil filing fee of $350.00. The Clerk is DIRECTED to send a copy of this Memorandum and Order to the Warden of the FCI-Beckley to ensure that the custodian of the plaintiff's inmate trust account complies with that portion of the Prison Litigation Reform Act relating to payment of the filing fee. The Clerk is further DIRECTED to forward a copy of this Memorandum and Order to the Court's financial deputy. Signed by Chief District Judge Thomas A Varlan on 12/3/14. (copy mailed to Plaintiff and Warden of FCI-Beckley. Forwarded copy to Court's financial deputy) (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
ROBERT L. GILLIS, #45914-074,
Plaintiff,
v.
CLAIBORNE COUNTY DETENTION
CENTER,
Defendant.

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No.: 3:14-cv-403-TAV-HBG

MEMORANDUM AND ORDER
The Court is in receipt of a pro se prisoner's civil rights complaint under 42 U.S.C.
§ 1983 and an application to proceed in forma pauperis. It appears from the application
that the plaintiff lacks sufficient financial resources to pay the $350.00 filing fee.
Accordingly, pursuant to 28 U.S.C. § 1915, the Clerk is DIRECTED to file this action
without the prepayment of costs or fees or security therefor as of the date the complaint
was received. However, for the reasons stated below, process shall not issue and this
action is DISMISSED.
In order to state a claim under 42 U.S.C. § 1983, plaintiff must establish that he
was deprived of a federal right by a person acting under color of state law. Black v.
Barberton Citizens Hospital, 134 F.3d 1265, 1267 (6th Cir. 1998); O'Brien v. City of
Grand Rapids, 23 F.3d 990, 995 (6th Cir. 1994); Russo v. City of Cincinnati, 953 F.2d
1036, 1042 (6th Cir. 1992). See also Braley v. City of Pontiac, 906 F.2d 220, 223 (6th

Cir. 1990) ("Section 1983 does not itself create any constitutional rights; it creates a right
of action for the vindication of constitutional guarantees found elsewhere.").
Under the Prison Litigation Reform Act (PLRA), district courts must screen
prisoner complaints and sua sponte dismiss those that are frivolous or malicious, fail to
state a claim for relief, or are against a defendant who is immune. See, e.g., Benson v.
O'Brian, 179 F.3d 1014 (6th Cir. 1999).
Responding to a perceived deluge of frivolous lawsuits, and, in particular,
frivolous prisoner suits, Congress directed the federal courts to review or
"screen" certain complaints sua sponte and to dismiss those that failed to
state a claim upon which relief could be granted, that sought monetary
relief from a defendant immune from such relief, or that were frivolous or
malicious.
Id. at 1015-16 (6th Cir. 1999) (citing 28 U.S.C. §§ 1915(e)(2) and 1915A).
Plaintiff is a federal inmate in the Beckley Federal Correctional Institution (FCIBeckley) in Beaver, West Virginia. His complaint concerns an alleged denial of medical
care while he was an inmate in the Claiborne County Detention Center.

As the

defendant, plaintiff has named only the detention center itself. The Claiborne County
Detention Center, however, is not a suable entity within the meaning of 42 U.S.C. §
1983. See De La Garza v. Kandiyohi County Jail, 18 F. App'x 436, 437 (8th Cir. 2001)
(neither a county jail nor a sheriff's department is a suable entity); Cage v. Kent County
Corr. Facility, 1997 WL 225647 at *1 (6th Cir. May 1, 1997) (unpublished opinion)
("jail facility named as a defendant was not an entity subject to suit under § 1983").
Although this Court is mindful that a pro se complaint is to be liberally construed,
Haines v. Kerner, 404 U.S. 519, 520-21 (1972), it is quite clear that the plaintiff has not
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alleged the deprivation of any constitutionally protected right, privilege or immunity, and,
therefore, the Court finds his claims to be frivolous under 28 U.S.C. §§ 1915(e) and
1915A. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 562 (2007) ("a complaint . . . must
contain either direct or inferential allegations respecting all the material elements
necessary to sustain recovery under some viable legal theory") (internal quotation marks
omitted; emphasis and omission in original). Therefore, this action is DISMISSED sua
sponte, as frivolous and for failure to state a claim upon which relief can be granted under
§ 1983. The Court CERTIFIES that any appeal from this action would not be taken in
good faith and would be totally frivolous. See Rule 24 of the Federal Rules of Appellate
Procedure.
Because the plaintiff is in federal custody, he is herewith ASSESSED the civil
filing fee of $350.00. Pursuant to 28 U.S.C. § 1915(b)(1)(A) and (B), the custodian of
the plaintiff's inmate trust account at the institution where he now resides is directed to
submit to the Clerk, U.S. District Court, 800 Market Street, Suite 130, Knoxville,
Tennessee 37902, as an initial partial payment, whichever is greater of:
(a)

twenty percent (20%) of the average monthly deposits to the plaintiff's

inmate trust account; or
(b)

twenty percent (20%) of the average monthly balance in the plaintiff's

inmate trust account for the six-month period preceding the filing of the complaint.
Thereafter, the custodian shall submit twenty percent (20%) of the plaintiff's
preceding monthly income (or income credited to the plaintiff's trust account for the
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preceding month), but only when such monthly income exceeds ten dollars ($10.00),
until the full filing fee of three hundred fifty dollars ($350.00) as authorized under 28
U.S.C. § 1914(a) has been paid to the Clerk. 28 U.S.C. § 1915(b)(2).
The Clerk is DIRECTED to send a copy of this Memorandum and Order to the
Warden of the FCI-Beckley to ensure that the custodian of the plaintiff's inmate trust
account complies with that portion of the Prison Litigation Reform Act relating to
payment of the filing fee. The Clerk is further DIRECTED to forward a copy of this
Memorandum and Order to the Court's financial deputy.

ENTER:

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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