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Wilborn v. Criminal Justice Center

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

January 9, 2020

LARRY LASHAIDA WILBORN, Plaintiff,
v.
CRIMINAL JUSTICE CENTER, ET AL., Defendants.

          ORDER DISMISSING CASE, CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH, NOTIFYING PLAINTIFF OF APPELLATE FILING FEE AND NOTIFYING PLAINTIFF OF RESTRICTIONS UNDER 28 U.S.C. § 1915(g)

          JAMES D. TODD UNITED STATES DISTRICT JUDGE.

         On September 18, 2019, Plaintiff Larry Lashaida Wilborn, who is incarcerated at the Shelby County Criminal Justice Center in Memphis, 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.) After Wilborn submitted the necessary documents, the Court issued an order 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. 8.) The Clerk shall record the Defendants as the Shelby County Criminal Justice Center (Jail); the Memphis Police Department (MPD) Homicide Bureau; MPD Sergeant B. Byrd; and MPD Detective B. Adams.

         Wilborn alleges he was pulled over by unnamed MPD officers on April 10, 2018, but the officers would not give him a reason for the traffic stop. (ECF No. 1 at PageID 2.) They arrested him, handcuffed him, and took him “down town.” (Id.) Wilborn alleges he was left in a room for two hours and then taken to another room where Sergeant Byrd and another detective were waiting. (Id.) Byrd and the other detective showed him photos of two of Wilborn's friends and told him that one of them had been killed. (Id.) Wilborn denied knowing anything about the killing. (Id.) Byrd allegedly “got mad[, ] curse[d] me out, ” and told the other detective to charge Wilborn with first-degree murder. (Id. at PageID 2-3.)

         Wilborn also alleges that the officers did not perform a gunshot residue test on him and did not have a warrant for his arrest when he was pulled over. (Id. at PageID 3.) He alleges the car he was in, which belonged to his girlfriend, was taken for investigation but released a few weeks later. (Id.) He asserts that he has been falsely accused of murder, despite no investigation, by “one person that is on drugs and in an[d] out of Jail constantly.” (Id. at PageID 3-4.)

         Wilborn seeks “a real lawyer” to represent him in his criminal case and to “settle this matter in court, ” which seems to be a request for monetary damages. (Id. at PageID 4.)

         The Court is required to screen prisoner complaints and to dismiss any complaint, or any portion thereof, if the complaint_

(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 such relief.

28 U.S.C. § 1915A(b); see also 28 U.S.C. § 1915(e)(2)(B).

         In 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.

         “Pro 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))).

         Wilborn filed his complaint pursuant to 42 U.S.C. § 1983, which provides:

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 . . . .

         To 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 ...


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