United States District Court, E.D. Michigan, Southern Division
JUNIOR A. PORTER, Plaintiff,
FELISHA RICE, et. al., Defendants,
OPINION AND ORDER OF SUMMARY DISMISSAL
HONORABLE ARTHUR J. TARNOW UNITED STATES DISTRICT JUDGE
A. Porter, (“Plaintiff”), confined at the Cotton
Correctional Facility in Jackson, Michigan, filed a pro
se civil rights complaint pursuant to 42 U.S.C. §
1983. For the reasons that follow, the complaint is DISMISSED
FOR FAILING TO STATE A CLAIM UPON WHICH RELIEF CAN BE
Standard of Review
has been allowed to proceed without prepayment of fees. See
28 § U.S.C. 1915(a); McGore v. Wrigglesworth,
114 F.3d 601, 604 (6th Cir. 1997). However, 28 U.S.C. §
Notwithstanding any filing fee, or any portion thereof, that
may have been paid, the court shall dismiss the case at any
time if the court determines that:
(B) the action or appeal:
(I) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted;
(iii) seeks monetary relief against a defendant who is immune
from such relief.
28 U.S.C. § 1915(e)(2)(B).
complaint is frivolous if it lacks an arguable basis in law
or fact. Neitzke v. Williams, 490 U.S. 319, 325
(1989); See also Denton v. Hernandez, 504 U.S. 25,
32 (1992). “A complaint lacks an arguable basis in law
or fact if it ... is based on legal theories that are
indisputably meritless.” Brown v. Bargery, 207
F.3d 863, 866 (6th Cir. 2000)(citing Neitzke, 490
U.S. at 327-28). A complaint fails to state a claim “if
it appears beyond a doubt that the plaintiff can prove no set
of facts in support of his claim that would entitle him to
relief.” Id. at 867. Sua sponte
dismissal is appropriate if the complaint lacks an arguable
basis when filed. McGore, 114 F.3d at 612.
establish a prima facie case under 42 U.S.C. § 1983, a
civil rights plaintiff must establish that: (1) the defendant
acted under color of state law; and (2) the offending conduct
deprived the plaintiff of rights secured by federal law.
Bloch v. Ribar, 156 F.3d 673, 677 (6th Cir.1998).
“If a plaintiff fails to make a showing on any
essential element of a § 1983 claim, it must
fail.” Redding v. St. Eward, 241 F.3d 530, 532
(6th Cir. 2001).