Opinion
No. 3:15 CV 15
06-01-2015
QUINTIN JAMAR MAYWEATHER-BROWN, Plaintiffs, v. BRAD RODGERS, et al., Defendants.
OPINION AND ORDER
Quintin Jamar Mayweather-Brown, a pro se prisoner, filed this complaint raising claims against five defendants related to events which occurred on March 20, 2014, after he tried to commit suicide. "A document filed pro se is to be liberally construed, and a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers." Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quotation marks and citations omitted). Nevertheless, pursuant to 28 U.S.C. § 1915A, the court must review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief.
The claims raised in this complaint arise from the same events as those Mayweather-Brown presented in his amended complaint on December 18, 2014, in Mayweather-Brown v. Rodgers, 3:14-CV-1846 (N.D. Ind. filed September 8, 2014). Though that case names four defendants and this one names five, to the extent that Mayweather-Brown wanted to add a defendant, he should have filed a second amended complaint in that case. It is malicious to sue the same four defendants again for the same events.
For the foregoing reasons, this case is DISMISSED as malicious pursuant to 28 U.S.C. § 1915A.
SO ORDERED.
Date: June 1, 2015
s/ James T. Moody
JUDGE JAMES T. MOODY
UNITED STATES DISTRICT COURT