United States District Court, E.D. Arkansas, Jonesboro Division
ORDER
Kristine G. Baker United States District Judge
Before
the Court is plaintiff Micah Elizabeth Angel's second
motion for leave to proceed in forma pauperis (Dkt.
No. 15). For the reasons below, the Court grants Ms.
Angel's motion for leave to proceed in forma
pauperis (Dkt. No. 15). After careful consideration, the
Court dismisses without prejudice Ms. Angel's complaint
and amended complaint (Dkt. Nos. 2, 16).
I.
Procedural Background
On
August 30, 2018, the Court entered an Order denying Ms.
Angel's application to proceed in forma pauperis
as incomplete and directing Ms. Angel to pay the filing fee
or submit a properly completed in forma pauperis
application within 30 days (Dkt. No. 14). In the same Order,
the Court also screened Ms. Angel's complaint before
ordering service in this matter, pursuant to 28 U.S.C. §
1915(e)(2). Based on the lack of specific allegations against
named defendants Keith Bowers, Bryan Helton, Matt Hall,
Officer Tyler Wilson, and Chief of Police Rick Elliott, the
Court directed Ms. Angel to submit an amended complaint
within 30 days from the date of its Order that: (1)
identified the claims she intends to bring; (2) identified
the defendants she intends to sue; (3) contained a short
statement of the specific role each defendant had in the
alleged constitutional violations; and (4) described the
injuries Ms. Angel sustained. The Court cautioned Ms. Angel
that a failure to comply with the Order could result in the
dismissal of her lawsuit. See Local Rule 5.5
(“If any communication from the Court to a pro
se plaintiff is not responded to within thirty (30)
days, the case may be dismissed without prejudice. Any party
proceeding pro se shall be expected to be familiar
with and follow the Federal Rules of Civil
Procedure.”).
On
September 25, 2018, Ms. Angel filed a second motion for leave
to proceed in forma pauperis (Dkt. No. 15). On
September 27, 2018, Ms. Angel filed an amended complaint
(Dkt. No. 16). On October 15, 2018, November 5, 2018,
November 8, 2018, and January 9, 2019, Ms. Angel filed
notices to the Court (Dkt. Nos. 17, 18, 19, 20).
II.
Motion For Leave To Proceed In Forma
Pauperis
Based
on Ms. Angel's resubmitted in forma pauperis
application, she has neither the funds nor the income to pay
the filing fee. Therefore, the Court grants her motion to
proceed in forma pauperis and permits Ms. Angel to
proceed without prepayment of the filing fee (Dkt. No. 15).
III.
Screening The Amended Complaint
Pursuant
to 28 U.S.C. § 1915(e)(2), the Court must screen Ms.
Angel's amended complaint before ordering service in this
matter to determine whether her amended complaint is
frivolous or malicious, fails to state a claim on which
relief may be granted, or seeks monetary relief against a
defendant who is immune from such relief. See Key v.
Does, 217 F.Supp.3d 1006, 1007 (E.D. Ark. 2016)
(“Although some district courts have limited section
1915(e)(2)(B)(ii) pre-service dismissal to litigants who are
prisoners, . . . all of the circuit courts to address the
issue have held that nonprisoner complaints can be screened
and dismissed pursuant to section 1915(e)(2)(B).”)
(citing Michau v. Charleston Cty., S.C., 434 F.3d
725, 728 (4th Cir. 2006); Lister v. Dep't of
Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005);
Lopez v. Smith, 203 F.3d 1122, 1126 n.7 (9th Cir.
2000); McGore v. Wrigglesworth, 114 F.3d 601, 608
(6th Cir. 1997) overruled on other grounds by LaFountain
v. Harry, 716 F.3d 944, 951 (6th Cir. 2013)).
In her
initial complaint, Ms. Angel sued defendants Mr. Bowers, Mr.
Helton, and Mr. Hall in their official and personal
capacities, but she did not include in her initial complaint
any allegations of fact against any of these individuals
(Dkt. No. 2, at 4-5). Ms. Angel also filed an addendum to her
initial complaint naming Officer Wilson as a defendant to
this action, but she did not include any allegations of fact
against him (Dtk. No. 3). The Court directed Ms. Angel to
submit, within 30 days from the date of the prior Order (Dkt.
No. 14), an amended complaint that: (1) identified the claims
she intends to bring; (2) identified the defendants she
intends to sue; (3) contained a short statement of the
specific role each defendant had in the alleged
constitutional violations; and (4) described the injuries Ms.
Angel sustained.
In her
amended complaint, Ms. Angel alleges that she was “not
given a fair trial” (Id., at 10). Ms. Angel
names Craighead County Jail employee Tabitha Simmons, Judge
Keith Blackmon, Judge Curt Huckabee, City Attorney Carol
Duncan, and Assistant City Attorney Jessica Thomason as
additional defendants (Dkt. No. 16, at 7). Ms. Angel's
amended complaint does not contain any specific allegations
against any of the named defendants. She asserts that the
Court “can see attached police reports. If you need
additional written explaination [sic] feel free to request
it. Most people can read a complaint and see that things have
been altered/or [sic] edited” (Id., at 10).
She argues “[t]he incident reguarding [sic] these
violated amendments are Tyler Wilsons [sic] reports and Curt
Huckabees [sic] guilty verdict” (Id.). She
alleges that “Curt Huckabee refused to review [her]
medical records” (Id.). In regard to relief,
Ms. Angel “want[s] those convictions off [her]
record” and “want[s] those officers
arrested” (Id., at 5). Ms. Angel
“want[s] to be compensated for the time away from [her]
child and to pay for damages done to [her] bones”
(Id.).
In
support of her amended complaint, Ms. Angel includes printed
pages from the Federal Bureau of Investigation website
regarding civil rights and “priority issues”
within the field including hate crimes, human trafficking,
color of law violations, Freedom of Access to Clinic
Entrances Act violations, international human rights
violations, and federal civil rights statutes, as well as
printed versions of online complaints Ms. Angel filed with
the Department of Justice and with the office of Arkansas
Governor Asa Hutchinson (Dkt. No. 16, at 12-22). Ms. Angel
also includes an Arkansas state court Final Order of
Protection (Id., at 23-28).
Attached
to Ms. Angel's amended complaint are 757 pages of various
records, including records that appear to be: (1) Ms.
Angel's interactions with the Jonesboro City Attorney
Office, the Craighead County Office of the Prosecuting
Attorney, the Jonesboro Police Department, and the Arkansas
state court criminal system and domestic relations division;
(2) Ms. Angel's medical records; (3) Ms. Angel's 2016
and 2018 personal property assessments; (4) proofs of
services filled out by Ms. Angel for Bryan Helton Keith Bower
dated June 29, 2018, and July 3, 2018, respectively; (5) a
rental purchase agreement for utility 8 feet walls listing
Ms. Angel as the purchaser; (6) a record of cash receipt from
the Arkansas State University-Newport Business Office; (7)
the United States District Court for the Eastern District of
Arkansas Guide for Filing Civil Cases; (8) an Order and
Judgment entered by this Court in a separate civil
case;[1] (9) a handwritten note signed by David
Angel on August 11, 2018, stating that he “pa[id] for
all of the items at Dollar General when [his] grandchild
Micah Angel was arrested” and that he could be
contacted with any questions; (10) a handwritten note filed
as Docket Number 11 in the instant case on August 16, 2018,
requesting that the case stay with this Court; (11) Ms.
Angel's minor child's immunization record; (12)
probation records for Ms. Angel; (13) an article about the
United States Constitution; (14) a Wikipedia article titled
“Slavery”; (15) an article about the Bill of
Rights; (16) a Wikipedia article titled “Minimum Wage
in the United States”; (17) a document detailing how to
connect on social media to Jonesboro Public Schools; (18) a
United States Department of Justice Freedom of Information
Act Reference Guide; (19) a handwritten note signed by Ms.
Angel and dated June 19, 2018, regarding requests to
Suddenlink for records; (20) an unsigned, handwritten note
that states “Good for 1 free full body massage Moe
870-877-7118”; (21) documents from the Arkansas
Department of Finance and Administration regarding Ms.
Angel's driver's license; (22) photographs of a cell
phone; (23) Federal Communications Commission consumer
complaints submitted by Ms. Angel and an email notification
of receipt of her complaints; (24) correspondence and
contracts between Ms. Angel and retained attorneys; (25)
receipts from Food Smart; (26) a handwritten note signed by
Ms. Angel on June 19, 2018, giving permission to her attorney
Scott Davidson to obtain any records needed with respect to a
SuddenLink account; (27) Craighead County District Court
Small Claims information sheet and records relating to Ms.
Angel; (28) a document listing the U.S. Citizenship and
Immigration Services Field Offices that service Arkansas and
Tennessee; (29) Craighead County Detention Center records
relating to Ms. Angel; (30) records from the Arkansas
Department of Human Services; (31) a receipt from Mothers
Against Drunk Driving for a payment by Ms. Angel; (32) a bill
of sale for a Ford Ranger showing Ms. Angel as the new owner;
(33) a Progressive Auto insurance quote for Ms. Angel; (34) a
class registration form and certificate of completion for The
Justice Network, Inc.; (35) a letter to Ms. Tula Arnold from
Ms. Angel stating that her belongings have been stolen from
her apartment; (36) a letter from the United States Postal
Service regarding Ms. Angel's address; (37) a Dollar
General Store receipt; (38) a letter from David Angel
providing permission to Suddenlink to access his account for
the records Ms. Angel seeks; (39) Ms. Angel's public
library records; (40) Ms. Angel's state tax records; (41)
an Eastern District of Arkansas subpoena for Keith Bowers
dated July 2, 2018; (42) copies of Ms. Angel's
driver's license and social security card; and (43)
undated and unsigned handwritten notes (Dkt. Nos. 16-1,
16-2). One of the undated and unsigned handwritten notes
alleges:
I brought the amended complaint and receipt of the subpoena
for Mr. Bowers on the 29th of May like the order said but the
office wasn't open. Here attached is a picture of that
signed by the federal clerk. I want to refile and I also
would like a different judge to consider my lawsuit, criminal
complaint, and Freedom of Information case. Its [sic] very
clear that the laws were broken and it is very clear of what
I am asking in the filed paper work [sic]. I have already
filed a complaint on Judge Marshall. My handwriting
shouldn't determine wheather [sic] or not it gets
approved. Neither should the neatiness [sic] or the spelling.
I'm poor I'm not as smart as you. I feel like your
[sic] just all bullying me and lying so Id. [sic]
like a different judge I am a poor single mother. I
do not have time for anyone to use the official statis [sic]
to commit crimes ...