Marlon M. Ellis v. Stevens, et al.

Summary

The United States District Court for the Middle District of Georgia grants Marlon M. Ellis leave to proceed in forma pauperis but recommends dismissal without prejudice of his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The court concludes that a three-day delay in delivering legal mail did not cause an actual injury because Ellis's response to an Eleventh Circuit jurisdictional question was timely. The order also sets forth the prisoner's filing-fee payment obligations and the procedure for filing objections.

Holdings

1. A prisoner must allege that he was denied access to the courts and that the denial caused an actual injury related to prospective or existing nonfrivolous litigation. Ellis failed to state such a claim because the three-day mail delay did not cause an actual injury; his appellate response was timely.
2. A prisoner complaint must be dismissed at preliminary screening when it fails to state a plausible claim for relief, and Ellis's complaint failed to state a claim for denial of access to the courts.

Questions Presented

1. Whether Ellis stated a claim for denial of access to the courts based on a three-day delay in receiving legal mail.
2. Whether the complaint was subject to dismissal on preliminary screening under 28 U.S.C. §§ 1915A and 1915(e)(2)(B)(ii).

Disposition

other