4:24-cv-04007•Bey v. Singleton et al
Gesamter Gesetzestext
1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION BERNARD BEY PLAINTIFF v. Civil No. 4:24-cv-04007-SOH-BAB SHERIFF JAMES SINGLETON; JAIL ADMINISTRATOR JAMES WISE; LIEUTENANT EVANS; JOHN OR JANE DOE 1 ST SHIFT SERGEANT; and SERGEANT AVANT DEFENDANTS REPORT AND RECOMMENDATION Plaintiff, Bernard Bey, filed this action pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis. Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3), the Honorable Susan O. Hickey, Chief United States District Judge, referred this case to the undersigned for the purpose of making a Report and Recommendation. The case is before the Court for preservice screening under the provisions of 28 U.S.C. § 1915A(a). Pursuant to § 1915A(a), the Court has the obligation to screen any complaint in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. I. BACKGROUND Plaintiff filed his original Complaint and Motion for Leave to Proceed in forma pauperis (“IFP Motion”) on January 22, 2024. (ECF No. 1, 2). The Court granted Plaintiff’s IFP Motion on the same date. (ECF No. 3). In this same Order, the Court directed Plaintiff to file an Amended Complaint which he did on January 30, 2024. (ECF No. 6). This Amended Complaint Case 4:24-cv-04007-SOH Document 13 Filed 05/15/24 Page 1 of 6 PageID #: <pageID>
2 was vague and indeterminable. (ECF No. 6). The Court ordered Plaintiff to file a Second Amended Complaint on March 5, 2024. (ECF No. 7). In this Order, the Court specifically advised Plaintiff of the requirements for his Second Amended Complaint and went as far as to give Plaintiff an example of the type of information required: In his Second Amended Complaint, Plaintiff must write short, plain statements telling the Court: the constitutional right Plaintiff believes was violated; the name of the Defendant who violated the right; exactly what the Defendant did or failed to do; how the action or inaction of that Defendant is connected to the violation of the constitutional rights; and what specific injury Plaintiff suffered because of the misconduct of that Defendant . . . For example, regarding Plaintiff’s Sixth Amendment violation claim: Plaintiff must state who violated his Sixth Amendment rights; What actions that named defendant took that violated Plaintiff’s Sixth Amendment rights; Specifically how it violated Plaintiff’s Sixth Amendment right; and Plaintiff must explain to the Court what injury he suffered from the violation of his Sixth Amendment rights and how the named Defendant caused that injury. (ECF No. 7). Plaintiff failed to respond to the Order to amend. On March 28, 2024, the Court entered an Order to Show Cause directing Plaintiff to show cause why he failed to file his Second Amended Complaint as Ordered. (ECF No. 9). Plaintiff filed his Second Amended Complaint on April 4, 2024, (ECF No. 10), and a Supplement (ECF No. 11) on April 11, 2024. In his Second Amended Complaint the only Defendants listed are “James Singleton and Al.” (ECF No. 10). Plaintiff did not complete the Court’s complaint form and failed to indicate which federal constitutional rights have been violated even though the form specifically requests this information. Additionally, when prompted to state the facts that support his claims Plaintiff listed: “None Citizen,” “Color of the law,” and “Defimation Character.” Id. at 4. In another portion of the complaint form requesting facts, Plaintiff writes: “color of the law,” “due process of law,” and “Defimation Character.” Id. at 6. When asked for a description of official capacity claims, Plaintiff wrote: “none citizen.” Id. at 7. Plaintiff also requests compensatory damages. Case 4:24-cv-04007-SOH Document 13 Filed 05/15/24 Page 2 of 6 PageID #: <pageID>
3 Id. at 9. In his Supplement, Plaintiff states: My name is Bernard Bey. I am not a U.S. Citizen and on my passport it states do not detain and do not mess with. I wanna bring up Justin Crane with drug task force and Dormen with drug task force with Ollie AKA “frog” that he found 32.5 grams of meth on the side of the road and when it came back weighing 25 grams. It only takes .0410 to test and I want to know where the other 7 grams are. I want to bring a 5 million dollar lawsuit on all 3 of them and there job TAKEN. Thank you for your help. Big Judge Cullpepper has changed my name so why is it so hard to sentence me under the right name. Not a U.S. Citizen. Color of the Law Due Process of the Law Defimation Character. (ECF No. 11, pp. 1-2). II. APPLICABLE STANDARD The Court must dismiss a complaint, or any portion of it, if it contains claims that: (1) are frivolous, malicious, or fail to state a claim upon which relief may be granted, or (2) seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b). A claim is frivolous if “it lacks an arguable basis either in law or fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). An action is malicious when the allegations are known to be false, or it is undertaken for the purpose of harassing or disparaging the named defendants rather than to vindicate a cognizable right. In re Tyler, 839 F.2d 1290, 1293-94 (8th Cir. 1988); Spencer v. Rhodes, 656 F. Supp. 458, 464 (E.D.N.C. 1987). A claim fails to state a claim upon which relief may be granted if it does not allege “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). “In evaluating whether a pro se plaintiff has asserted sufficient facts to state a claim, we hold ‘a pro se complaint, however inartfully pleaded ... to less stringent standards than formal pleadings drafted by lawyers.’” Jackson v. Nixon, 747 F.3d 537, 541 (8th Cir. 2014) (quoting Case 4:24-cv-04007-SOH Document 13 Filed 05/15/24 Page 3 of 6 PageID #: <pageID>
4 Erickson v. Pardus, 551 U.S. 89, 94 (2007)). However, even a pro se Plaintiff must allege specific facts sufficient to support a claim. Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985). III. DISCUSSION First an amended complaint supersedes an original complaint rendering the original complaint without any legal effect. In re Atlas Lines, Inc., 209 F.3d 1064, 1067 (8th Cir. 2000). This means that the Court will only consider the claims in the Second Amended Complaint (ECF No. 10) and its Supplement (ECF No. 11). It will not reference or relate back to the original Complaint or First Amended Complaint to supplement, augment, or otherwise provide context to Plaintiff’s Second Amended Complaint and Supplement. Further, “[a]lthough pro se pleadings are to be construed liberally, pro se litigants are not excused from compliance with relevant rules of procedural and substantive law.” Schooley v. Kennedy, 712 F.2d 372, 373 (8th Cir. 1983). Moreover, Plaintiff was advised of this procedure in the Court’s Order to file his Second Amended Complaint. (ECF No. 7). Accordingly, the Court will screen those allegations made by Plaintiff in his Second Amended Complaint and Supplement only. Plaintiff names James Singleton, Al, Justin Crane, Dorman, and Ollie in his Second Amended Complaint and Supplement. (ECF Nos. 10-11). However, as indicated in the background section above, Plaintiff is not clear as to what constitutional violations he is making against each Defendant. The best interpretation the Court can make on Plaintiff’s third attempt at asserting his claims are: (1) Defendants Singleton and Al violated his due process rights because he is not a citizen of the United States (ECF No. 10, p. 4, 6); (2) Defendants Singleton and Al defamed Plaintiff’s character; and (3) Defendants Crane, Dorman, and Ollie somehow violated Plaintiff’s rights related to methamphetamines on the side of the road (ECF No. 11, pp. 1-2). Case 4:24-cv-04007-SOH Document 13 Filed 05/15/24 Page 4 of 6 PageID #: <pageID>
5 First, slander, defamation, and humiliation, while unprofessional and distasteful conduct, do not state a constitutional violation. “[D]efamation, per se, is not actionable under section 1983”. Underwood v. Pritchard, 638 F.2d 60, 62 (8th Cir. 1981). The Supreme Court has held that a person's interest in his reputation is not considered liberty or property protected by the due process clause. Paul v. Davis, 424 U.S. 693, 711-12 (1976). Accordingly, Plaintiff’s claim of defamation fails as a matter of law. As to Plaintiff’s reference to his status as a non-citizen of the United Sates, Plaintiff has failed to allege sufficient facts to state a plausible constitutional claim. Even under the notice pleading standards of Federal Rule of Civil Procedure 8, a pro se plaintiff must allege sufficient facts to support a claim. Martin, 780 F.2d at 1337. Here, Plaintiff’s allegations do not raise a constitutional claim. Plaintiff merely states he is not a citizen, (ECF No. 6), and his passport reads “Do not Detain,” (ECF No. 11). The Court will not engage in speculation as to what he could be trying to allege. See Bell A. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (a complaint must contain sufficient factual allegations “to raise a right to relief above the speculative level”). For the same reasoning, Plaintiff’s claims against Crane, Dorman, and Ollie must fail. The Court cannot speculate as to what Plaintiff is claiming regarding the methamphetamines on the side of the road. Id. Furthermore, if Plaintiff is attempting to gain relief from his criminal conviction and imprisonment with his claims regarding the methamphetamines and his status as a non-citizen his claims still fail as a matter of law. Plaintiff may not use Section 1983 as a substitute for habeas relief, instead, he must pursue such claims through the proper avenue of 28 U.S.C. § 2254. See e.g., Singleton v. Norris, 319 F.3d 1018, 1023 (8th Cir. 2003) (“Section 2254 is the only means by which ‘a person in custody pursuant to the judgment of a State court’ may raise challenges to the Case 4:24-cv-04007-SOH Document 13 Filed 05/15/24 Page 5 of 6 PageID #: <pageID>
6 validity of his conviction or sentence or to the execution of his sentence.”) (quoting Crouch v. Norris, 251 F.3d 720, 723 (8th Cir. 2001)). Additionally, while it is unclear what relief Plaintiff seeks, if he seeks damages for an unconstitutional conviction or imprisonment, such claims are barred unless “the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court’s issuance of a writ of habeas corpus.” Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). Plaintiff has produced no evidence or allegations in his complaint to meet the Heck requirements. IV. CONCLUSION For these reasons, it is recommended: this case be dismissed, without prejudice, pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted. The parties have fourteen (14) days from receipt of the Report and Recommendation in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. DATED this 15th day of May 2024. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE Case 4:24-cv-04007-SOH Document 13 Filed 05/15/24 Page 6 of 6 PageID #: <pageID>
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