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Dailey v. Nobblit

United States District Court, S.D. Indiana, New Albany Division

April 19, 2019

SHANNON DAILEY, Plaintiff,
v.
JUSTIN NOBBLIT, MIKE FEECE, INDIANA PAROLE BOARD, PARKS Release Coordinator from Plainfield Correctional Facility, Defendants.

          ORDER GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, SCREENING AND DISMISSING COMPLAINT, AND DIRECTING PLAINTIFF TO SHOW CAUSE

          TANYA WALTON PRATT, JUDGE

         Plaintiff Shannon Daily is presently a prisoner in the Jackson County Jail in Indiana. He filed this lawsuit on April 12, 2019, seeking damages for eighty days of imprisonment when his parole was revoked. The Court makes the following rulings.

         I. Motion for Leave to Proceed In Forma Pauperis

         Plaintiff Shannon Dailey's motion for leave to proceed in forma pauperis, dkt. [2], is granted. Pursuant to 28 U.S.C. § 1915(b)(1)(A), an initial partial filing fee of seventeen dollars and thirty-three cents ($17.33) is assessed and shall be paid to the clerk of the district court no later than May 17, 2019.

         Although Mr. Dailey is excused from pre-paying the full filing fee, he still must pay the three hundred and fifty dollar ($350.00) filing fee pursuant to the statutory formula set forth in 28 U.S.C. § 1915(b)(2) when able. See 28 U.S.C. § 1915(b)(1) (“the prisoner shall be required to pay the full amount of a filing fee.”).

         II. Screening of the Complaint

         Because Mr. Dailey is a “prisoner” as defined by 28 U.S.C. § 1915A(c), this Court has an obligation under 28 U.S.C. § 1915A(b) to screen his complaint before service on defendants. Pursuant to Section 1915A(b), the Court must dismiss the complaint if it is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune from such relief. In determining whether the complaint states a claim, the Court applies the same standard as when addressing a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6).

         See Cesal v. Moats, 851 F.3d 714, 720 (7th Cir. 2017). To survive dismissal,

[the] complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.

Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Pro se complaints such as that filed by Mr. Dailey are construed liberally and held to “a less stringent standard than pleadings drafted by lawyers.” Cesal, 851 F.3d at 720.

         III. The Complaint

         Mr. Dailey was an inmate of the Indiana Department of Correction until 2017 when he was released on parole. He violated conditions of his parole, was arrested, and spent a number of days in jail before he was released back to parole. Mr. Dailey again violated his parole, was arrested, and spent several more days in jail before again being released back to parole. He discharged his parole on November 2, 2018.

         Mr. Dailey now seeks damages for the eighty days of imprisonment he served on the parole violations because he should never have been on parole. He contends that his original sentence imposed probation, not parole. Mr. Dailey also challenges a parole officer's authority to issue warrants for parole violations. What Mr. Dailey does not plead, however, is whether his parole has been found to be unlawful. This failure is dispositive to this lawsuit.

         IV. ...


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