United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
PHIL GILBERT United States District Judge
time of filing, Plaintiff James Webb was an inmate in Jackson
County Jail. However, Plaintiff presently resides at the
Alton Mental Health Center. Plaintiff brings this action for
deprivations of his constitutional rights pursuant to 42
U.S.C. § 1983. Plaintiff's claim relates to an
incident involving the Murphysboro Police Department in 2014,
before Plaintiff was an inmate in Jackson County Jail.
Plaintiff seeks removal from probation, disability, and a
“substantial amount of money” for pain and
suffering in relation to his claim.
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
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). Frivolousness is an
objective standard that refers to a claim that any reasonable
person would find meritless. Lee v. Clinton, 209
F.3d 1025, 1026-27 (7th Cir. 2000). 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). The claim of
entitlement to relief must cross “the line between
possibility and plausibility.” Id. at 557. At
this juncture, the factual allegations of the pro se
complaint are to be liberally construed. See Rodriguez v.
Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir.
careful review of the Complaint and any supporting exhibits,
the Court finds it appropriate to exercise its authority
under § 1915A; this action is subject to summary
statement of claim consists of the following three sentences:
“In 2014, Murphysboro IL, the Murphysboro Police came
to my residence and thought I was breaking in. They then
tazed me 4 times, one being in the back of my head, which
caused me to start fighting for my life. I accidentally left
my keys in the house and went [through] a window to get in. I
had a lease to show that me and Jennifer Maddox lived
there.” (Doc. 1, p. 6).
Court finds it convenient to divide the pro se
action into a single count. The parties and the Court will
use this designation in all future pleadings and orders,
unless otherwise directed by a judicial officer of this
Court. Any other claim that is mentioned in the Complaint but
not addressed in this Order should be considered dismissed
without prejudice as inadequately pled under the
Twombly pleading standard.