Opinion
No. 1:15-CV-106-SNLJ
06-09-2015
JAMES ROBERT ROSS, Plaintiff, v. CITY OF JACKSON, MISSOURI, et al., Defendants.
MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiff's complaint [Doc. #1] under 28 U.S.C. § 1915A.
Pursuant to 28 U.S.C. § 1915A, 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." The Court is to dismiss the complaint, or any portion, if it is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune from such relief.
In reviewing a pro se complaint under § 1915A, the Court must give the complaint the benefit of a liberal construction. Haines v. Kerner, 404 U.S. 519, 520 (1972). The Court must also weigh all factual allegations in favor of the plaintiff, unless the facts alleged are clearly baseless. Denton v. Hernandez, 504 U.S. 25 (1992).
A review of the complaint indicates that plaintiff's 42 U.S.C. § 1983 claims survive frivolity review and should not be dismissed at this time.
The Court notes that because plaintiff paid the filing fee, he is responsible for serving defendants. See Fed. R. Civ. P. 4(m).
In accordance with the foregoing,
IT IS HEREBY ORDERED that, pursuant to this Court's differentiated case management system, this case is assigned to Track 5B (prisoner actions-standard).
IT IS FURTHER ORDERED that defendants shall reply to the complaint within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. See 42 U.S.C. § 1997e(g)(2).
Dated this 9th day of June, 2015.
/s/_________
UNITED STATES DISTRICT JUDGE