Damron v. Donald et al
Filing
6
REPORT AND RECOMMENDATIONS re 1 Complaint filed by Tracy Damron Objections to R&R due by 10/21/2013. It is therefore RECOMMENDED that: 1. The plaintiff's complaint be DISMISSED with prejudice. 2. For the foregoing reasons, the Court certif ies that an appeal of this Order would not be taken in good faith, and therefore, denies plaintiff leave to appeal in forma pauperis. Signed by Magistrate Judge Karen L. Litkovitz on 10/2/13. (lk) (Additional attachment(s) added on 10/2/2013: # 1 Certified Mail Receipt) (lk).
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
TRACY DAMRON,
Plaintiff,
vs
DONALD MORGAN, et al.,
Defendants.
Case No. 1:13-cv-565
Weber, J.
Litkovitz, M.J.
REPORT AND
RECOMMENDATION
Plaintiff, a prisoner in state custody at the Southern Ohio Correctional Facility (SOCF)
in Lucasville, Ohio, brings this pro se civil rights action under 42 U.S.C. § 1983. By separate
Order issued this date, plaintiff has been granted leave to proceed informa pauperis pursuant
to 28 U.S.C. § 1915. This matter is before the Court for a sua sponte review of the complaint
to determine whether the complaint, or any portion of it, should be dismissed because it is
frivolous, malicious, fails to state a claim upon which relief may be granted or seeks monetary
relief from a defendant who is immune from such relief. See Prison Litigation Reform Act of
1995 § 804,28 U.S.C. § 1915(e)(2)(B); § 805,28 U.S.C. § 1915A(b).
In enacting the original informa pauperis statute, Congress recognized that a "litigant
whose filing fees and court costs are assumed by the public, unlike a paying litigant, lacks an
economic incentive to refrain from filing frivolous, malicious, or repetitive lawsuits." Denton
v. Hernandez, 504 U.S. 25,31 (1992) (quoting Neitzke v. Williams, 490 U.S. 319,324 (1989)).
To prevent such abusive litigation, Congress has authorized federal courts to dismiss an in
forma pauperis complaint if they are satisfied that the action is frivolous or malicious. Id; see
also 28 U.S.C. §§ 1915(e)(2)(B)(i). A complaint may be dismissed as frivolous when the
plaintiff cannot make any claim with a rational or arguable basis in fact or law. Neitzke v.
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