United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER SUMMARILY DISMISSING CIVIL RIGHTS
COMPLAINT AND DENYING THE MOTION FOR THE APPOINTMENT OF
D. BORMAN UNITED STATES DISTRICT JUDGE
Court has before it Plaintiff Durmon Troy Butler III's
pro se civil rights complaint filed pursuant to 42
U.S.C. § 1983. Plaintiff is an inmate currently confined
at the Saginaw Correctional Facility in Freeland, Michigan.
Having reviewed plaintiff's complaint, the Court
dismisses it in part with prejudice for failing to state a
claim upon which relief can be granted and in part without
prejudice. The Court denies plaintiff's motion for the
appointment of counsel.
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).
28 U.S.C. § 1915(e)(2)(B) states:
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.
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). Sua sponte dismissal is appropriate if
the complaint lacks an arguable basis when filed.
McGore, 114 F.3d at 612; Goodell v.
Anthony, 157 F.Supp.2d 796, 799 (E.D. Mich. 2001).
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.
West v. Atkins, 487 U.S. 42, 48 (1988); See also
Havard v. Puntuer,600 F.Supp.2d 845, 850 (E.D. Mich.
2009). “If a plaintiff fails to make a showing on any