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Butler v. Crabtree

United States District Court, E.D. Michigan, Southern Division

September 11, 2017

DURMON TROY BUTLER, III, Plaintiff,
v.
DAVID CRABTREE, et al., Defendants,

          OPINION AND ORDER SUMMARILY DISMISSING CIVIL RIGHTS COMPLAINT AND DENYING THE MOTION FOR THE APPOINTMENT OF COUNSEL

          PAUL D. BORMAN UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         The 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.

         II. STANDARD OF REVIEW

         Plaintiff 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. § 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; or
(iii) seeks monetary relief against a defendant who is immune from such relief.

         A 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).

         To 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 ...


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