The statute provides, in pertinent part: “[T]he court shall dismiss the case at any
time if the court determines that . . . the action or appeal– (i) is frivolous or malicious, (ii)
fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a
defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B).
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
ANGELA DENISE NAILS,
) CASE NO.: 1:07-cv-005-MEF
CENTURYTEL PHONE COMPANY, ) (WO-Not Recommended for Publication)
MEMORANDUM OPINION AND ORDER
Plaintiff has filed a motion seeking to proceed in forma pauperis in this action (Doc.
# 2). Upon consideration of the motion, it is
ORDERED that the motion to proceed in forma pauperis is GRANTED. Upon
review of the complaint filed in this case, the court concludes that dismissal of the complaint
prior to service of process is appropriate under 28 U.S.C. § 1915(e)(2)(B).
Angela Denise Nails (“Nails”) filed this suit against Centurytel Phone Company
(“Centurytel”) on January 3, 2007 (Doc. # 1). Nails, a citizen of Alabama, brings suit against
the Centurytel, a corporate entity that Plaintiff alleges is incorporated in Alabama.
According to the allegations of the Complaint, this is an action by which Nails is seeking to
make a variety of claims for money damages against Centurytel for violating Rule T-18 of
Case 1:07-cv-00005-MEF-CSC Document 3 Filed 01/18/2007 Page 1 of 3
Nails v. Centurytel Phone Company
Plaintiff has filed at least one other lawsuit against Centurytel containing almost
identical allegations. That lawsuit was dismissed by this court for want of subject matter
In Bonner v. City of Prichard, Ala., 661 F.2d 1206, 1209 (11 Cir. Nov. 3, 1981)
(en banc), the Eleventh Circuit adopted as binding precedent all Fifth Circuit decisions
handed down prior to the cl