Opinion
No. 4:13-CV-1018 CAS
07-18-2013
CLINT PHILLIPS, III, Plaintiff, v. CHRISTIAN NORTHEAST HOSPITAL, Defendant.
MEMORANDUM AND ORDER
This matter is before the Court upon the motion of Clint Phillips, III for leave to commence this action without prepayment of the filing fee pursuant to 28 U.S.C. § 1915. Upon consideration of the financial information provided with the motion, the Court finds that plaintiff is financially unable to pay any portion of the filing fee. As a result, plaintiff will be granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Additionally, the Court has reviewed the complaint and will dismiss it pursuant to 28 U.S.C. § 1915(e)(2)(B).
28 U.S.C. § 1915(e)Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court must dismiss a complaint filed in forma pauperis if the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief. An action is frivolous if it "lacks an arguable basis in either law or fact." Neitzke v. Williams, 490 U.S. 319, 328 (1989); Denton v. Hernandez, 504 U.S. 25, 31 (1992). An action is malicious if it is undertaken for the purpose of harassing the named defendants and not for the purpose of vindicating a cognizable right. Spencer v. Rhodes, 656 F. Supp. 458, 461-63 (E.D.N.C. 1987), aff'd 826 F.2d 1059 (4th Cir. 1987). A complaint fails to state a claim 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 Complaint
Plaintiff brings this action under 42 U.S.C. § 1983 against Christian Hospital Northeast for alleged false imprisonment. Plaintiff alleges that he went to Christian Hospital Northeast in September 2008 for stitches after he "accidently cut [himself]." Plaintiff claims that a psychologist came to see him and then committed him to the psychiatric unit because he "had items that [he] could harm [himself] with." Plaintiff believes these were false pretenses. Plaintiff says he was committed involuntarily for more than 96 hours. He seeks monetary relief.
Discussion
To state a claim against Christian Hospital Northeast, plaintiff must allege that a policy or custom of the Hospital was responsible for the alleged constitutional violation. See Monell v. Dep't of Social Services, 436 U.S. 658, 690-91 (1978). The instant complaint does not contain any allegations that a policy or custom of Christian Hospital Northeast was responsible for the alleged violations of plaintiff's constitutional rights. As a result, the complaint fails to state a claim upon which relief can be granted.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis is GRANTED. [Doc. 2]
IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint because the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both.
IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel is DENIED. [Doc. 4]
An appropriate Order of Dismissal shall accompany this Memorandum and Order.
_________________
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE