Summary
The United States District Court for the Middle District of Georgia dismissed pro se plaintiff Dennis G. Nash, Jr.’s amended complaint under 28 U.S.C. § 1915(e)(2)(B). The court held that the complaint failed to state a claim because it did not make factual allegations against, or link claims to, any named defendant, and the Americans with Disabilities Act is a federal law rather than a suable entity. The order was entered without prejudice or prejudice designation stated in the provided text.
Holdings
- The amended complaint failed to state a claim because it made no factual allegations against any named defendant and did not link any claim to a named defendant; the Americans with Disabilities Act is a federal law, not an entity capable of being sued.
- The court dismissed the amended complaint under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which relief may be granted.
Questions Presented
- Whether the amended complaint stated a claim for relief under the Americans with Disabilities Act.
- Whether the amended complaint was subject to dismissal under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim.
Disposition
dismissed
Cases Cited (9)
- Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (11th Cir. 2004)(followed)
- Carroll v. Gross, 984 F.2d 392, 393 (11th Cir. 1993)(followed)
- Thomas v. Harris, 399 F. App'x 508, 509 (11th Cir. 2010)(followed)
- Mitchell v. Farcass, 112 F.3d 1483, 1490 (11th Cir. 1997)(followed)
- Hughes v. Lott, 350 F.3d 1157, 1160 (11th Cir. 2003)(followed)
- Osahar v. U.S. Postal Serv., 297 F. App'x 863, 864 (11th Cir. 2008)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
- Garfield v. NDC Health Corp., 466 F.3d 1255, 1261 (11th Cir. 2006)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…