Bellows v. Decatur County Sheriff's Department, 1:19-cv-00077-TWP-DLP. (2019)
Court: District Court, S.D. Indiana
Number: infdco20190205b00
Visitors: 9
Filed: Feb. 04, 2019
Latest Update: Feb. 04, 2019
Summary: Entry Screening Complaint TANYA WALTON PRATT , District Judge . The plaintiff has paid the filing fee and is represented by counsel. Although the events alleged in the complaint took place in Decatur County Jail, the plaintiff does not appear to be incarcerated at this time. This is relevant because if he is a "prisoner" as defined by 28 U.S.C. 1915A(c), this Court has an obligation under 28 U.S.C. 1915A(b) to screen his complaint. Pursuant to 28 U.S.C. 1915A(b), the Court must dismis
Summary: Entry Screening Complaint TANYA WALTON PRATT , District Judge . The plaintiff has paid the filing fee and is represented by counsel. Although the events alleged in the complaint took place in Decatur County Jail, the plaintiff does not appear to be incarcerated at this time. This is relevant because if he is a "prisoner" as defined by 28 U.S.C. 1915A(c), this Court has an obligation under 28 U.S.C. 1915A(b) to screen his complaint. Pursuant to 28 U.S.C. 1915A(b), the Court must dismiss..
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Entry Screening Complaint
TANYA WALTON PRATT, District Judge.
The plaintiff has paid the filing fee and is represented by counsel. Although the events alleged in the complaint took place in Decatur County Jail, the plaintiff does not appear to be incarcerated at this time. This is relevant because if he is a "prisoner" as defined by 28 U.S.C. § 1915A(c), this Court has an obligation under 28 U.S.C. § 1915A(b) to screen his complaint. Pursuant to 28 U.S.C. § 1915A(b), the Court must dismiss the complaint if it is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune from such relief.
In any event, this Court has the inherent authority to screen the complaint on its own. See Mallard v. U.S. Dist. Ct., 490 U.S. 296, 307-08 (1989) (in forma pauperis statute "authorizes courts to dismiss a `frivolous or malicious' action, but there is little doubt they would have power to do so even in the absence of this statutory provision."); Rowe v. Shake, 196 F.3d 778, 783 (7th Cir. 1999) ("[D]istrict courts have the power to screen complaints filed by all litigants, prisoners and non-prisoners alike, regardless of fee status."). This step shall be taken in this case.
The Court has screened the complaint which shall proceed as presented.
IT IS SO ORDERED.
Source: Leagle
