1This complaint is subject to screening under the 28 U.S.C. § 1915(e)(2)(B) which 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)-
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
EDITH LASHUN BARNETT,
) CIVIL ACTION NO. 3:07-CV-12-WKW
RECOMMENDATION OF THE MAGISTRATE JUDGE
In this 42 U.S.C. § 1983 action, Edith LaShun Barnett [“Barnett], an inmate confined
at the Lee County Detention Facility, complains that defendant Welch violated her
constitutional right to equal protection when, “for no reason[,]” he denied her trustee status.
Plaintiff’s Complaint at 2. Specifically, Barnett contends that defendant Welch subjected
her to “discrimination” because he “moved another [female] inmate to trustee status” who
had “the same charge of escape” as plaintiff. Plaintiff’s Complaint at 2-3.
Upon review of the complaint, the court concludes that dismissal of this case prior
to service of process is appropriate under 28 U.S.C. § 1915(e)(2)(B)(ii).1
Case 3:07-cv-00012-WKW-SRW Document 4 Filed 01/12/2007 Page 1 of 5
Barnett v. Welch (INMATE1)
Barnett contends that the denial of trustee status deprives her of equal protection
because Welch granted another inmate with the same criminal charge such status.
Plaintiff’s Complaint at 2-3. This claim, however, entitles Barnett to no relief from this
In order to set forth a claim cognizable under the Equal Protection Clause, “a
prisoner must demonstrate that (1) ‘he is similarly situated with other prisoners who