A prisoner who is allowed to proceed in forma pauperis in this court will have his complaint 1

screened in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B). This screening procedure requires

the court to dismiss a prisoner’s civil action prior to service of process if it determines that the complaint is

frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary damages from

a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B)(i)-(iii).

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

MICHAEL D. ANDERSON, #156270, )

)

 Plaintiff, )

)

v. ) CASE NO. 2:06-CV-620-WKW

) [WO]

)

PAUL WHALEY, et al., )

)

 Defendants. )

 

RECOMMENDATION OF THE MAGISTRATE JUDGE

In this 42 U.S.C. § 1983 action, Michael D. Anderson [“Anderson”], a state inmate,

challenges his custody classification. Anderson names the State of Alabama as one of the

defendants in this cause of action. 

Upon review of the complaint, the court concludes that Anderson’s claims against the

State of Alabama should be dismissed prior to service of process in accordance with the

provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii). 

1

I. DISCUSSION

The State of Alabama is immune from suit. Papasan v. Allain, 478 U.S. 265 (1986).

Moreover, “a State is not a ‘person’ within the meaning of § 1983 . . .” Will v. Michigan

Dept. of State Police, 491 U.S. 58, 65, 109 S.Ct. 2304, 2309 (1989). Thus, Anderson’s

Case 2:06-cv-00620-WKW-CSC Document 4 Filed 07/20/2006 Page 1 of 3
 Although Neitzke interpreted the provisions of 28 U.S.C. § 1915(d), the predecessor to § 1915(e)(2), 2

the analysis contained therein remains applicable to the directives contained in the present statute.

2

claims against this defendant are “based on an indisputably meritless legal theory” and are

due to be dismissed pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii).

Neitzke v. Williams, 490 U.S. 319, 327 (1989). 

2

CONCLUSION

Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:

1. The plaintiff’s claims against the State of Alabama be dismissed with prejudice

pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii).

2. The § 1983 claims presented against Paul Whaley, Mike Slatton, and A. Coleman

be referred back to the undersigned for further proceedings.

 It is further 

ORDERED that on or before August 1, 2006 the parties may file objections to the

Recommendation. Any objections filed must specifically identify the findings in the

Magistrate Judge’s Recommendation to which the party is objecting. Frivolous, conclusive

or general objections will not be considered by the District Court. The parties are advised

that this Recommendation is not a final order of the court and, therefore, it is not appealable.

Failure to file written objections to the proposed findings and advisements in the

Magistrate Judge's Recommendation shall bar the party from a de novo determination by the

District Court of issues covered in the Recommendation and shall bar the party from

attacking on appeal factual findings in the Recommendation accepted or adopted by the

Case 2:06-cv-00620-WKW-CSC Document 4 Filed 07/20/2006 Page 2 of 3
3

District Court except upon grounds of plain error or manifest injustice. Nettles v.

Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d

33 (11 Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11 Cir. 1981, en th th

banc), adopting as binding precedent all decisions of the former Fifth Circuit Court of 

Appeals handed down prior to the close of business on September 30, 1981.

Done this 20th day of July, 2006.

 /s/Charles S. Coody 

CHARLES S. COODY

CHIEF UNITED STATES MAGISTRATE JUDGE

Case 2:06-cv-00620-WKW-CSC Document 4 Filed 07/20/2006 Page 3 of 3