Reported / Citable
Background
Johnny C. Murray sued Texas New Mexico Power Company (TNMP), alleging in a handwritten complaint that was difficult to read that the company had destroyed his land. He invoked the Fifth Amendment and sought to proceed without prepaying filing fees.
TNMP was the only named defendant. Although Murray indicated that he was suing both state and federal actors, his complaint did not allege facts showing that TNMP acted under color of state or federal law.
The Court’s Holding
The magistrate judge granted Murray leave to proceed in forma pauperis after finding that his financial information showed insufficient resources to pay the filing and administrative fees.
On mandatory screening under 28 U.S.C. § 1915(e), however, the magistrate judge recommended dismissal without prejudice for failure to state a claim. A Fifth Amendment claim against TNMP required allegations supporting either federal action under Bivens or state action under 42 U.S.C. § 1983, and the complaint supplied neither.
Key Takeaways
- Proceeding in forma pauperis does not exempt a complaint from screening under § 1915(e).
- A constitutional claim against a private entity must allege facts establishing state or federal action.
- The recommended dismissal was without prejudice, leaving Murray able to file a complaint that adequately alleges a viable claim.
Why It Matters
The report underscores that conclusory identification of a defendant as a state or federal actor is not enough. A plaintiff asserting constitutional claims against a company must plead facts connecting the company’s conduct to state or federal authority.