Snellings v. Montgomery County Sheriff's Office, et al.

Filing 13

ORDER entered: Because the complaint fails to state a claim upon which relief can be granted and is frivolous on its face, it is dismissed. The request to proceed IFP is denied. The dismissal is without prejudice and with leave to amend to state a claim and the relief sought.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
SIDNEY RAY SNELLINGS,
Plaintiff,
VS.
MONTGOMERY COUNTY SHERIFF
OFFICE, and ADULT PROTECTIVE
SERVICES,
Defendants.

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March 13, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. H-17-343

ORDER
The plaintiff, Sidney Ray Snellings, appearing pro se, recently filed an application to proceed
in forma pauperis (IFP) and a proposed complaint in state court. The defendants removed the action
to this court on February 3, 2017. (Docket Entry No. 1). The state-court petition is unintelligible.
It fails to state the relief sought.
Under 28 U.S.C. § 1915(e)(2)(B), this court may deny an application to proceed IFP and
dismiss a complaint if it is frivolous or fails to state a claim upon which relief may be granted. See
28 U.S.C. § 1915(e)(2)(B)(i)–(ii); Rogers v. Boatright, 709 F.3d 403, 407 (5th Cir. 2013). An action
is frivolous if “it lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319,
325 (1989).
The plaintiff has filed a complaint that is unintelligible and fails to comply with the basic
rules of pleading. See FED. R. CIV. P. 8(a). Because the complaint fails to state a claim upon which
relief can be granted and is frivolous on its face, it is dismissed under 28 U.S.C. § 1915(e)(2)(B) and
Federal Rule of Civil Procedure 12(b)(6).
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The request to proceed IFP is denied and this case is dismissed. The dismissal is without
prejudice and with leave to amend to state a claim and the relief sought.
SIGNED on March 13, 2017, at Houston, Texas.
______________________________________
Lee H. Rosenthal
Chief United States District Judge

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