Summary
The United States District Court for the Eastern District of Michigan granted Tracey Vinson’s application to proceed in forma pauperis but summarily dismissed her 42 U.S.C. § 1983 complaint against Dayanara Sanchez under 28 U.S.C. § 1915(e)(2)(B). The court held that the complaint lacked sufficient factual allegations to state a plausible claim involving alleged medical malpractice and fraud, and noted that revocation of a medical license was outside the court’s authority.
Holdings
- The complaint failed to state a plausible § 1983 claim because it did not allege sufficient facts showing that Sanchez, acting under color of state law, deprived Vinson of a right secured by the Constitution or federal law.
- The court was required to summarily dismiss the in forma pauperis complaint because it failed to state a claim upon which relief could be granted.
- The district court could not revoke Sanchez's medical license because that authority is reserved to Michigan's Board of Licensing and Regulatory Affairs.
Questions Presented
- Whether the complaint stated a plausible claim for relief under 42 U.S.C. § 1983.
- Whether the complaint should be summarily dismissed under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim.
- Whether the district court could revoke the defendant's Michigan medical license.
Disposition
dismissed
Cases Cited (10)
- Brooks v. Holstege, No. 16-12501, 2016 WL 3667961, at *1 (E.D. Mich. July 11, 2016)(followed)
- Denton v. Hernandez, 504 U.S. 25, 31 (1992)(followed)
- Neitzke v. Williams, 490 U.S. 319, 325, 327 (1989)(followed)
- Erickson v. Pardus, 551 U.S. 89, 94 (2007)(followed)
- Baccus v. Stirling, 2018 WL 8332581, at *1 (D.S.C. Oct. 15, 2018), report and recommendation adopted, No. 8:18-CV-1880-JFA-JDA, 2019 WL 978866 (D.S.C. Feb. 28, 2019), aff'd, 776 F. App'x 142 (4th Cir. 2019)(followed)
- Williams v. Hall, No. 21-5540, 2022 WL 2966395, at *2 (6th Cir. July 27, 2022)(followed)
- Perry v. United Parcel Servs., 90 F. App'x 860, 861 (4th Cir. 2004)(followed)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 570 (2007)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Flagg Bros., Inc. v. Brooks, 436 U.S. 149, 156 (1978)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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