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 UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
WILLIAM MCCARTHY, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
Plaintiff, Johnny Finn [“Finn”], an inmate incarcerated at the Houston County Jail,
filed this 42 U.S.C. § 1983 on September 7, 2006. He complains that Defendants, Jail
Administrator William McCarthy and Sergeant Bonnin, improperly confiscated his personal
property on August 18, 2006. Finn requests that the personal items taken be returned to
him. Upon review of the complaint, the undersigned concludes that dismissal of this case
prior to service of process is proper under 28 U.S.C. § 1915(e)(2)(B)(ii). See Neitzke v.
Williams, 490 U.S. 319 (1989); see also Denton v. Hernandez, 504 U.S. 25 (1992).
Case 1:06-cv-00806-MEF-DRB Document 4 Filed 09/11/2006 Page 1 of 5
Finn v. McCarthy et al (INMATE 2)
Finn complains that Defendants improperly confiscated property from his cell during
the early morning hours of August 16, 2006. As justification for removing the property,
Defendants informed Finn that he could not “run a store” from his cell. Finn contends that
there is no rule or regulation in the Inmate Handbook prohibiting inmates from running a
store out of their cell or forbidding inmates from leaving their personal property with other