United States District Court, W.D. Tennessee, Eastern Division
ORDER DISMISSING COMPLAINT, GRANTING LEAVE TO AMEND
AND DENYING PENDING MOTIONS
D. TODD, UNITED STATES DISTRICT JUDGE
August 29, 2019, Plaintiff Eric Glenn Franklin, who is
incarcerated at the Madison County Criminal Justice Complex
(CJC) in Jackson, Tennessee, filed a pro se
complaint pursuant to 42 U.S.C. § 1983 and a motion to
proceed in forma pauperis. (ECF Nos. 1 & 2.) The
Court issued an order the same day, granting leave to proceed
in forma pauperis and assessing the civil filing fee
pursuant to the Prison Litigation Reform Act (PLRA), 28
U.S.C. §§ 1915(a)-(b). (ECF No. 4.) The Clerk shall
record the Defendants as the CJC and Judge Don Allen.
alleges various unpleasant conditions at the CJC, including
black mold, overcrowding of inmates, and leaking ceilings and
toilets. (ECF No. 1 at PageID 2.) He alleges that some
inmates are forced to sleep on the floor on plastic mats and
some without mats, others are held in segregation for over a
week without any opportunity for recreation, and others are
not protected from violent attacks. (Id.) He asserts
that the CJC fails “to maintain minimum sanitary
conditions in food service areas” and on the food flaps
of the cells. (Id.) He further alleges that
“some inmates” have caught staph infections in
the CJC and others have not received proper medical
treatment. (Id. at PageID 2-3.)
also alleges that he is falsely imprisoned because his
“bond was still active when Madison County
investigat[o]rs picked me up for detainer.”
(Id. at PageID 3.) Franklin also states, without
elaboration, “Excessive Bond; 7/3/2018 Judge Don Allen
Court Room” and “Malicious Prosecution:
seeks responses to his grievances, improvements in the
conditions, and a change in intake procedures. (Id.
at PageID 4.) He also seeks $4 million in damages.
Court is required to screen prisoner complaints and to
dismiss any complaint, or any portion thereof, if the
(1) is frivolous, malicious, or fails to state a claim upon
which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from
28 U.S.C. § 1915A(b); see also 28 U.S.C. §
assessing whether the complaint in this case states a claim
on which relief may be granted, the standards under
Fed.R.Civ.P. 12(b)(6), as stated in Ashcroft v.
Iqbal, 556 U.S. 662, 677-79 (2009), and in Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (2007),
are applied. Hill v. Lappin, 630 F.3d 468, 470-71
(6th Cir. 2010). The Court accepts the complaint's
“well-pleaded” factual allegations as true and
then determines whether the allegations “plausibly
suggest an entitlement to relief.'” Williams v.
Curtin, 631 F.3d 380, 383 (6th Cir. 2011) (quoting
Iqbal, 556 U.S. at 681). Conclusory allegations
“are not entitled to the assumption of truth, ”
and legal conclusions “must be supported by factual
allegations.” Iqbal, 556 U.S. at 679. Although
a complaint need only contain “a short and plain
statement of the claim showing that the pleader is entitled
to relief, ” Fed.R.Civ.P. 8(a)(2), Rule 8 nevertheless
requires factual allegations to make a
“‘showing,' rather than a blanket assertion,
of entitlement to relief.” Twombly, 550 U.S.
at 555 n.3.
se complaints are to be held ‘to less stringent
standards than formal pleadings drafted by lawyers,' and
should therefore be liberally construed.”
Williams, 631 F.3d at 383 (quoting Martin v.
Overton, 391 F.3d 710, 712 (6th Cir. 2004)). Pro
se litigants, however, are not exempt from the
requirements of the Federal Rules of Civil Procedure.
Wells v. Brown, 891 F.2d 591, 594 (6th Cir. 1989);
see also Brown v. Matauszak, 415 Fed.Appx. 608, 612,
613 (6th Cir. Jan. 31, 2011) (affirming dismissal of pro
se complaint for failure to comply with “unique
pleading requirements” and stating “a court
cannot ‘create a claim which [a plaintiff] has not
spelled out in his pleading'” (quoting Clark v.
Nat'l Travelers Life Ins. Co., 518 F.2d 1167, 1169
(6th Cir. 1975))).
filed his complaint pursuant to 42 U.S.C. § 1983, which
Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State or Territory or
the District of Columbia, subjects, or causes to be
subjected, any citizen of the United States or other person
within the jurisdiction thereof to the deprivation of any
rights, privileges, or immunities secured by the Constitution
and laws, shall be liable to the party injured in an action
at law, suit in equity, or other proper proceeding for
redress . . . .
state a claim under § 1983, a plaintiff must allege two
elements: (1) a deprivation of rights secured by the
“Constitution and laws” of the United States (2)
committed by a defendant acting under color of state ...