United States District Court, W.D. Texas, San Antonio Division
SHOW CAUSE ORDER
ELIZABETH S. ("BETSY") CHESTNEY UNITED STATES
the Court is the Civil Rights Complaint [#1] filed by the
plaintiff, Carlos Salazar, Jr. (“Plaintiff”),
pursuant to 42 U.S.C. § 1983. Plaintiff is ordered to
file an amended complaint clarifying his allegations and, to
the extent possible, curing the Complaint's legal
deficiencies, which are described below.
to 28 U.S.C. § 1915A(b)(1), this Court is required to
screen any civil complaint in which a prisoner seeks relief
against a government entity, officer, or employee and dismiss
the complaint if the court determines it is frivolous,
malicious, or fails to state a claim on which relief may be
granted. See also 28 U.S.C. § 1915(e)(2)(B)
(directing court to dismiss case filed in forma
pauperis at any time if it is determined that the action
is (i) frivolous or malicious or (ii) fails to state a claim
on which relief may be granted).
action is frivolous where there is no arguable legal or
factual basis for the claim. Neitzke v. Williams,
490 U.S. 319, 325 (1989). “A complaint lacks an
arguable basis in law if it is based on an indisputably
meritless legal theory, such as if the complaint alleges
violation of a legal interest which clearly does not
exist.” Harper v. Showers, 174 F.3d 716, 718
(5th Cir. 1999) (internal quotation and citation omitted). A
complaint is factually frivolous when “the facts
alleged are ‘fantastic or delusional scenarios' or
the legal theory upon which a complaint relies is
‘indisputably meritless.'” Eason v.
Thaler, 14 F.3d 8, n.5 (5th Cir. 1994) (quoting
Neitzke, 490 U.S. at 327-28).
evaluating whether a complaint states a claim under §
1915A(b)(1) and § 1915(e)(2)(B), this Court applies the
same standards governing dismissals pursuant to Rule
12(b)(6). See DeMoss v. Crain, 636 F.3d 145, 152
(5th Cir. 2011). To avoid dismissal under Rule 12(b)(6),
“a complaint must contain sufficient factual matter,
accepted as true, ‘to state a claim to relief that is
plausible on its face.'” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 555-56, 570 (2007)).
These factual allegations need not be detailed but
“must be enough to raise a right to relief above the
speculative level.” Twombly, 550 U.S. at 555.
A conclusory complaint-one that fails to state material facts
or merely recites the elements of a cause of action-may be
dismissed for failure to state a claim. See Id. at
Deficiencies in Plaintiff's Complaint
§ 1983 Complaint alleges:
• During the 2000-01 school year, Plaintiff was
assaulted by an art teacher while Plaintiff was a student at
the San Antonio Independent School District Harris Middle
• In 2004, when Plaintiff was 16 years old, he was
arrested in San Antonio for domestic violence, and while in
custody he was sexually assaulted.
• In September 2015 through May 2016 he was in custody
at the Shelby County Jail in Memphis, Tennessee, where he was
sexually assaulted by Mr. Johnson, a corrections officer.
purports to sue Mr. Johnson, the City of San Antonio, Bexar
County Jail, and the San Antonio Police Department seeking
explained above, § 1915(e)(2)(B) mandates sua
sponte dismissal of an in forma
pauperis complaint if the Court finds that the
complaint “is frivolous” or that it “fails
to state a claim on which relief may be granted.” 28
U.S.C. §§ 1915(e)(2)(B)(i), (ii). As currently
plead, Plaintiff's Complaint is subject to sua
sponte dismissal for at least two reasons:
Plaintiff's claims are time-barred by the two-year
statute of limitations ...