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Joseph L. Brown, #07942-025 v. Unknown Party Clerk

January 25, 2012

JOSEPH L. BROWN, #07942-025, PLAINTIFF,
v.
UNKNOWN PARTY CLERK, NAME UNKNOWN, AND OTHER RESPONSIBLE PERSONS, DEFENDANTS.



The opinion of the court was delivered by: Reagan, District Judge:

MEMORANDUM AND ORDER

Plaintiff Joseph L. Brown, an inmate in USP-Hazelton, Bruceton Mills, West Virginia, brings this action for deprivations of his constitutional rights by persons acting under the color of federal authority. See Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). Plaintiff is serving a 78-month sentence for conspiracy and intimidation. This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides:

(a) Screening.-- The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.

(b) Grounds for Dismissal.-- On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint--

(1) is frivolous, malicious, or fails to state a claim on which relief may be granted; or

(2) seeks monetary relief from a defendant who is immune from such relief.

28 U.S.C. § 1915A.

An action or claim is frivolous if "it lacks an arguable basis either in law or in fact."

Neitzke v. Williams, 490 U.S. 319, 325 (1989). An action fails to state a claim upon which relief can be granted if it does not plead "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). Conversely, a complaint is plausible on its face "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). Although the Court is obligated to accept factual allegations as true, some factual allegations may be so sketchy or implausible that they fail to provide sufficient notice of a plaintiff's claim. Brooks v. Ross, 578 F.3d 574, 581 (7th Cir. 2009). Additionally, Courts "should not accept as adequate abstract recitations of the elements of a cause of action or conclusory legal statements." Id. At the same time, however, the factual allegations of a pro se complaint are to be liberally construed. See Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir. 2009).

Upon careful review of the complaint, the Court finds it appropriate to exercise its authority under § 1915A and shall dismiss this case.

The Complaint

Plaintiff states that he submitted two original lawsuits for filing in this Court, but that he does not know what happened to those lawsuits. He asserts that the Clerk of this Court, and other unknown persons in the Clerk's office, have violated his right to "proper legal process" because neither lawsuit has gone forward, and he wants these lawsuits to proceed (Doc. 1, p. 3).

Plaintiff describes the first lawsuit as having been captioned, "Joseph Brown v. Unknown Persons #1-#5, and any other person(s)," and states it was signed and dated on October 16, 2010 (Doc. 1, p. 3). The other lawsuit was captioned, "Joseph Brown v. Unknown Persons #1-#5 correctional officers, any other person(s), Zack Roeckeman, Alberta Brown, Male Doctor (Name ...


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