6:24-cv-06120•Medcalf v. Evans
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1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION WILLIAM G. MEDCALF PLAINTIFF v. Civil No. 6:24-cv-06120-SOH-MEF TRAVIS EVANS DEFENDANT MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION This is a civil rights action filed under 42 U.S.C. § 1983. 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 pursuant to 28 U.S.C. § 1915A.0F 1 Under § 1915A, the Court is required to screen any complaint in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). I. BACKGROUND Plaintiff filed his Complaint in the Eastern District of Arkansas on September 10, 2024. (ECF No. 2). It was transferred to this District on September 11, 2024. (ECF No. 4). The Court entered an Order directing Plaintiff to submit an Amended Complaint to address deficiencies in his original Complaint, and he did so on October 18, 2024. (ECF No. 9). In his Amended Complaint, Plaintiff alleges Defendant violated his rights through a breach of contract and non-payment. (Id. at 4). Plaintiff alleges there was verbal agreement with a handshake on March 24, 2023. (Id.). The agreement was terminated on April 4, 2024. (Id.). Plaintiff alleges Defendant only paid him for six weeks of the contract and failed to provide 1 Enacted as part of the Prison Litigation Reform Act (“PLRA”). Case 6:24-cv-06120-SOH Document 10 Filed 11/25/24 Page 1 of 4 PageID #: <pageID>
2 housing as agreed upon. (Id. at 4-5). He estimates he was not paid $19,500.00. (Id. at 5). Defendant Evans is identified only as a “Milright” in Amity, Arkansas. (Id. at 2). Plaintiff proceeds against Defendant Evans in his individual capacity. (Id.). He seeks compensatory and punitive damages. (Id. at 9). Plaintiff alleges the lack of payment “led to great distress,” and he believes this distress led him to be where he is now – the Pike County Jail. (Id.). II. LEGAL STANDARD Under § 1915A, the Court is obliged to screen the case prior to service of process being issued. 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) seeks 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. Spencer v. Rhodes, 656 F. Supp. 458, 464 (E.D.N.C. 1987); In re Tyler, 839 F.2d 1290, 1293-94 (8th Cir. 1988). 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 Erickson v. Pardus, 551 U.S. 89, 94 (2007)). This means “that if the essence of an allegation is discernable, even though it is not pleaded with legal nicety, then the district court should construe the complaint in a way that permits the layperson’s claim to be considered within the proper legal Case 6:24-cv-06120-SOH Document 10 Filed 11/25/24 Page 2 of 4 PageID #: <pageID>
3 framework.” Jackson, 747 F.3d at 544 (cleaned up). However, the complaint must still allege specific facts sufficient to support a claim. Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985). III. ANALYSIS Plaintiff fails to allege a plausible § 1983 claim against Defendant Evans. A § 1983 complaint must allege that each Defendant, acting under color of state law, deprived Plaintiff of “rights, privileges or immunities secured by the Constitution and laws” of the United States. 42 U.S.C. § 1983. DuBose v. Kelly, 187 F.3d 999 (8th Cir. 1999). A private person can act under color of state law for the purposes of § 1983 only if they are “a willful participant in joint action with the State or its agents.” Dennis v. Sparks, 449 U.S. 24, 27 (1980). Here, Plaintiff alleges that he and Defendant Evans had a verbal work contract and Defendant Evans breached that contract, causing Plaintiff to lose money. Nothing in these allegations permits the inference that Defendant Evans was a state actor. Defendant Evans is described as a private individual, and there is no mention of him acting in willful participation with a State or state agent. Thus, Plaintiff has failed to state a plausible § 1983 claim. Additionally, this Court does not have jurisdiction to hear Plaintiff’s claims in this state law breach of contract case. “Federal courts are courts of limited jurisdiction, possessing only that power authorized by Constitution and statute.” Gunn v. Minton, 568 U.S. 251, 256 (2013) (cleaned up). “The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C.A. § 1331 (West). As discussed above, Plaintiff has failed to state a plausible federal constitutional claim. Nor has he invoked any federal law or regulation in his Complaint. Thus, he has failed to allege any facts or identify any federal law which would establish federal question jurisdiction. Finally, Plaintiff identifies both Case 6:24-cv-06120-SOH Document 10 Filed 11/25/24 Page 3 of 4 PageID #: <pageID>
4 himself and Defendant Evans as Arkansas citizens. Thus, Plaintiff has not plead the essential elements required for federal diversity of citizenship jurisdiction. IV. CONCLUSION For these reasons, it is recommended that: (1) the case be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted; (2) Plaintiff/Petitioner is warned that, in the future, this dismissal may be counted as a strike for purposes of 28 U.S.C. § 1915(g) and thus, the Clerk is directed to place a § 1915(g) strike flag on the case for future judicial consideration; and (3) the Court certify pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this dismissal would not be taken in good faith. Referral Status: This case should not remain referred because all matters have been recommended for dismissal in this Report and Recommendation. 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 25th day of November 2024. /s/ Mark E. Ford HON. MARK E. FORD UNITED STATES MAGISTRATE JUDGE Case 6:24-cv-06120-SOH Document 10 Filed 11/25/24 Page 4 of 4 PageID #: <pageID>
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