Derrick L. Florence v. Department of Corrections, et al.

Summary

The United States District Court for the Middle District of Alabama dismissed Derrick L. Florence’s amended § 1983 complaint without prejudice. The court concluded that the complaint failed to establish subject-matter jurisdiction, failed to state a plausible claim, and was subject to dismissal under 28 U.S.C. § 1915(e)(2)(B).

Holdings

1. The amended complaint failed to establish federal subject matter jurisdiction because it did not allege a basis for diversity jurisdiction or a cognizable federal question.
2. The amended complaint failed to state a plausible claim upon which relief could be granted because its allegations were vague, conclusory, and unsupported by sufficient factual allegations.
3. Because the action lacked arguable merit and failed to establish jurisdiction and a plausible claim, dismissal was required under 28 U.S.C. § 1915(e)(2)(B).

Questions Presented

1. Whether the court had subject matter jurisdiction over the amended complaint.
2. Whether the amended complaint stated a plausible claim for relief under 42 U.S.C. § 1983 or otherwise stated a claim upon which relief could be granted.
3. Whether dismissal was required under 28 U.S.C. § 1915(e)(2)(B).

Disposition

dismissed