11. A prisoner who is allowed to proceed in forma pauperis in this court will have his complaint 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
MATTHEW SHAWN McVEIGH,
CIVIL ACTION NO. 3:06-CV-374-MEF
JAY JONES, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
In this 42 U.S.C. § 1983 action, Matthew Shawn McVeigh (“McVeigh”), an inmate
presently confined at the Lee County Detention Center, complains that Sgt. T. Jones has
threatened his safety. Plaintiff’s Complaint at 2.
Upon review of the complaint, the court concludes that dismissal of this case prior to
service of process is proper under 28 U.S.C. § 1915(e)(2)(B)(i).1
On April 4, 2006, McVeigh “was in a disciplinary board hearing [at which time] Sgt.
T. Jones came into the hearing [and] said when ‘I see you on the street I am gonna do what
I need to do, so you need to do what you gonna do.’” Plaintiff’s Complaint at 3. McVeigh
further complains that Sgt. Jones has repeatedly “tried to provoke me . . .” Id.
Case 3:06-cv-00374-MEF-SRW Document 4 Filed 05/02/2006 Page 1 of 3
McVeigh v. Jones et al (INMATE1)
2Although Neitzke interpreted the provisions of 28 U.S.C. § 1915(d), the predecessor to § 1915(e)(2),
the analysis contained therein remains applicable to the directives contained in the present statute.
An essential element of a 42 U.S.C. § 1983 action is t