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Mattox v. Baptist Memorial Hospital

United States District Court, W.D. Tennessee, Western Division

March 8, 2019

MICHAEL MATTOX, Plaintiff,
v.
Baptist Memorial Hospital Defendant.

          REPORT AND RECOMMENDATION FOR SUA SPONTE DISMISSAL

          DIANE K. VESCOVO CHIEF UNITED STATES MAGISTRATE JUDGE

         On January 2, 2019, the plaintiff, Michael Mattox, filed a pro se complaint against Baptist Memorial Hospital (“Baptist”) titled “Injunction Lawsuit.” (Compl., ECF No. 1.) Additionally, Mattox filed a motion to proceed in forma pauperis, (ECF No. 2), which the court granted on January 10, 2019, (ECF No. 6). This case has been referred to the United States Magistrate Judge for management and for all pretrial matters for determination and/or report and recommendation as appropriate. (Admin. Order. 2013-05, Apr. 29, 2013.) For the reasons that follow, it is recommended that the complaint be dismissed sua sponte.

         I. PROPOSED FINDINGS OF FACT

         Mattox's two-page, type-written, pro se complaint contains very little factual information.[1] Mattox asserts that he was taken to Baptist via ambulance after he was found “not moving at [his] mothers [sic] . . . home” and that he was “kidnapped, held hostage against . . . [his] will in a ransom situation.” (Compl. ¶¶ 1-2, ECF No. 1.) Mattox also claims that Baptist employees “strap[ped] [him] . . . to a bed & administer[ed] involuntary shots via force of unknown medicine.” (Id. at ¶ 2.) Finally, Mattox claims in conclusory fashion that Baptist committed the following constitutional violations:

1st amendment freedom of speech, freedom not to speak; 13th amendment slavery; 8th amendment cruel & unusual punishment; 5th & 14th amendment due process, deprived of life, liberty, & the pursuit of happiness.

(Id. at ¶ 3.)

         Mattox seeks compensatory damages in the amount of three zillion dollars for mental anguish, emotional pain and suffering, and physical pain and suffering; punitive damages in the amount of one zillion dollars; and injunctive relief in the form of a court ordering Baptist to instate him as the “Chief Executive Officer over Western Mental Health Institution.”[2] (Id. at ¶ 4.)

         II. PROPOSED CONCLUSIONS OF LAW

         A. 28 U.S.C. § 1915(e)(2)(B) Screening

         Pursuant to Local Rule 4.1(b)(2), service will not issue in a pro se case where the pro se plaintiff has been granted leave to proceed in forma pauperis until the complaint has been screened under 28 U.S.C. § 1915(e)(2)(B). The clerk is authorized to issue summonses to pro se litigants only after that review is complete and an order of the court issues. This report and recommendation will constitute the court's screening of Mattox's complaint.

         The court is required to screen in forma pauperis complaints and to dismiss any complaint, or any portion thereof, if the action:

(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 ...

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