Opinion

Maney v. State of Tenn

Court
District Court, M.D. Tennessee
Filed
Jan 30, 2025
Cited by
0 cases
Authority
More cited than 33.9%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

DEBORAH MANEY, )

)

Plaintiff, )

) No. 3:25-cv-00014

v. )

)

STATE OF TENN, )

)

Defendant. )

MEMORANDUM OPINION AND ORDER

Pro se Plaintiff Deborah Maney, a resident of Nashville, Tennessee, filed this complaint

against “State of Tenn.” (Doc. No. 1).

I.FILING FEE

Plaintiff submitted an Application for Leave to Proceed In Forma Pauperis (“IFP

Application”). (Doc. No. 2). According to Plaintiff’s IFP Application, her monthly income totals

$923 from Supplemental Social Security payments, she has no assets of any kind other than an

“inheritance of 100, 100, 100, 100 trillions of dollars stolen”, her monthly expenses total over

$1000, and she does not expect any major changes to her monthly income or expenses in the next

12 months (Id.) Plaintiff did not provide a residential address. It appears that Plaintiff may be

unhoused. Because her IFP Application reflects that she lacks sufficient financial resources to

pay the full filing fee without undue hardship, the IFP Application (Doc. No. 2) is GRANTED.

The Clerk therefore is DIRECTED to file the complaint in forma pauperis. 28 U.S.C. § 1915(a).

II. INITIAL SCREENING STANDARD

Congress enacted 28 U.S.C. § 1915, the federal in forma pauperis statute, seeking to

“lower judicial access barriers to the indigent.” Denton v. Hernandez, 504 U.S. 25, 31 (1992). In

doing so, however, “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.’” Id. at 31 (quoting Neitzke v. Williams, 490

U.S. 319, 324 (1989)). To address this concern, Congress included subsection (e), which requires

sua sponte dismissal of an action upon certain determinations. 28 U.S.C. § 1915(e)(2)(B).

Because Plaintiff is proceeding in forma pauperis, the Court must review her complaint

pursuant to 28 U.S.C. § 1915(e). Benson v. O’Brian, 179 F.3d 1014, 1016 (6th Cir. 1999). Under

§ 1915(e), the Court is required to screen in forma pauperis complaints and dismiss any

complaint, or any portion thereof, if the action is frivolous or malicious, fails to state a claim

upon which relief may be granted, or seeks monetary relief against a defendant who is immune

from such relief. 28 U.S.C. § 1915(e)(2); see also Hill v. Lappin, 630 F. 3d 468, 470-71 (6th Cir.

2010).

Rule 8 of the Federal Rules of Civil Procedure requires that a complaint contain: (1) a

short and plain statement of the grounds for the court's jurisdiction, (2) a short and plain

statement of the claim showing that the plaintiff is entitled to relief, and (3) a demand for the

relief sought. Fed. R. Civ. P. 8(a). Although allegations in a pro se complaint are held to “less

stringent standards than formal pleadings drafted by lawyers,” Haines v. Kerner, 404 U.S. 519,

520 (1972), “liberal construction . . . has limits.” Erwin v. Edwards, 22 F. App’x 579, 580 (6th

Cir. 2001) (citing Franklin v. Rose, 765 F.2d 82, 85 (6th Cir. 1985). And pro se litigants are not

exempt from the requirements of the Federal Rules of Civil Procedure. Brown v. Matauszak, 415

F. App’x 608, 613 (6th Cir. 2011).

III. ALLEGED FACTS

As best the Court can discern,1 the complaint alleges that “haters stole [her] life away.”

(Doc. No. 1 at PageID# 3). The complaint lists words and phrases such as “Holy Bible”,

“Heavenly the God holy or the Universe,” “my womb”, “Human Spirit,” and “my Special human

Body.” (Id.) In the “Relief” section of her complaint, Plaintiff lists mostly illegible words and

phrases, although the Court is able to decipher that she states that she is seeking “no open

violation” and “wants [her] life back.” (Id. at PageID# 5).

IV. SCREENING OF THE IN FORMA PAUPERIS COMPLAINT

After conducting the initial screening pursuant to 28 U.S.C. § 1915(e)(2), the Court finds

that Plaintiff’s complaint does not satisfy Federal Rule of Civil Procedure Rule 8 and cannot

survive screening under Section 1915(e)(2). The allegations set forth in the complaint are

frivolous and/or delusional. While a complaint need not contain “magic words,” it must contain

factual allegations and make plausible the claim for relief. Plaintiff’s complaint does not.

Moreover, “[t]his Court is not ‘required to create [Plaintiff]’s claims for [her],’ because ‘[t]o do

so would requir[e the] courts to explore exhaustively all potential claims of a pro se plaintiff and

would transform the district court from its legitimate advisory role to the improper role of an

advocate seeking out the strongest arguments and most successful strategies for a party.’” Bell v.

Tennessee, No. 1:11-cv-14, 2012 WL 996560, at *9 (E.D. Tenn. Mar. 22, 2012) (quoting

Thompson v. A.J. Rose Mfg. Co., 208 F.3d 215 (6th Cir. 2000) (bracket in original)).

1 Plaintiff’s complaint is so skeletal and nonsensical that it is impossible to distill her statements into coherent

narratives and causes of action.

V. CONCLUSION

As explained above, Plaintiffs in forma pauperis complaint is subject to dismissal as

frivolous and delusional under 28 U.S.C. 1915(e). Accordingly, this action is hereby

DISMISSED WITH PREJUDICE.

Because an appeal would not be taken in good faith, Plaintiff is not certified to pursue an

appeal from this judgment in forma pauperis. 28 U.S.C. § 1915(a)(3).

This is the final Order denying all relief in this case. The Clerk SHALL enter judgment.

Fed. R. Civ. P. 58(b).

IT IS SO ORDERED.

WAVERLY D. Cis JR.

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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