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 DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
ANGELA DENISE NAILS,
CASE NO. 1:07-cv-06-WKW
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).
Plaintiff, proceeding pro se, brings this action against defendant Jenifer Feager, a security
guard employed by “DSI” and assigned to work at Plaintiff’s apartment complex. Plaintiff brings
a negligence claim against Feager, alleging that: (1) Feager watched and refused to call the police
while somebody assaulted Plaintiff, then lied to the police about the attack; (2) Feager reminded
Plaintiff “loudly and nasty to lock the door behind the plaintiff” when the plaintiff knows to lock the
door; and (3) Feager came into the laundry room on Plaintiff’s floor, told Plaintiff that it was 8:55
p.m. and asked Plaintiff when her clothes would be finished.
Plaintiff is required to allege “a short and plain statement of the grounds upon which the
Case 1:07-cv-00006-WKW-SRW Document 3 Filed 01/08/2007 Page 1 of 2
Nails v. Feager
court’s jurisdiction depends[.]” Fed. R. Civ. P. 8(a)(1). She must both state the basis of the court’s
jurisdiction and plead facts that demonstrate the existence of jurisdiction. Taylor v. Appleton, 30