United States District Court, D. Nevada
ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE
APPLICATION TO PROCEED IN FORMA PAUPERIS (ECF NO. 1) AND
COMPLAINT (ECF NO. 1-1)
FERENBACH UNITED STATES MAGISTRATE JUDGE.
the Court are Plaintiff Michael Ray Young's application
to proceed in forma pauperis (ECF No. 1) and
complaint (ECF No. 1-1). For the reasons stated below,
Young's in forma pauperis application is
granted. For the reasons stated below, however, Young's
claims against Officer Kaylor and Officer Dyer in their
individual capacities brought under 42 U.S.C. §§
1981, 1983, and 1985 must be dismissed with leave to
a civil rights violation case. Young alleges that two State
of Nevada Parole and Probation Officers violated his civil
rights when they extradited him from Arkansas to Las Vegas
pursuant to a warrant that was baseless.
alleges that “Officers” came to his Little Rock,
Arkansas home in February 2015, stating that they had a
warrant for him from Las Vegas, Nevada for a probation
violation. ECF No. 1-1 at 1. The contents of that warrant
stated, according to Young, that it was for a violation of
the conditions imposed on him pursuant to the program of
lifetime supervision for the period between December 2012 and
December 2014 under Nevada Revised Statute 213.1243.
Id. Young asserts that he was not on lifetime
supervision at that time because there was no such agreement
between 2012 and 2014. Id. at 2. This, Young argues,
“makes the warrant baseless and a false arrest as well
as … civil rights violations.” Id.
Young states that at that time he was on probation being
supervised by the Probation and Parole division of the State
of Arkansas. ECF No. 1-1 at 2. He also states that the Nevada
Parole and Probation Division
was given two Court appearances two opportunities to come to
Court to make a verbal objection to ORDERING me back to
Arkansas; and the suspension of the Life Time Suspension
Sentence at that time they should have send a representative
for opposition did not happen. However, after being in Little
Rock less than 10 days they attempted a warrant wasting all
our time and money who was that?
Id. at 3.
being extradited to Las Vegas, Nevada, Young asserts that
“they dismissed a charge without clearly stating what
[he] did to be extradited” leaving him stranded in
Nevada away from his family and home in Arkansas.
Id. at 8. Young also notes a few past instances
where he claims to have been “harassed” by the
Parole and Probation Division of Nevada. Id. at 3-4.
In particular, Young posits that in 2002, the Parole and
Probation Division of Nevada “warranted and arrested me
from CA, even with a signed court order that I could travel
to CA.” Id. at 4. Young claims that since
February 2015 to the present Officer Kaylor and Officer Dyer
will not allow him to leave Nevada. Id. Young
brought suit against Officer Kaylor and Officer Dyer in April
2017 claiming that they have violated his civil
filings present two questions for this Court: (1) whether
Young may proceed in forma pauperis under 28 U.S.C.
§ 1915(e), and (2) whether Young's complaint states
a plausible claim for relief. Each is discussed below.
application to proceed in forma pauperis is granted.
28 U.S.C. § 1915(a)(1) permits a plaintiff to bring a
civil action “without prepayment of fees or security
thereof” if the plaintiff submits a financial affidavit
that demonstrates the plaintiff's “is unable to pay
such fees or give security therefor.” Under §
1915(a)(1), Young submitted a financial affidavit. ECF No. 1.
According to the affidavit, Turner has no source of income.
Id. Young's application to proceed in forma
pauperis is, therefore, granted.
Screening the Complaint
the Court granted Young's application to proceed in
forma pauperis, it must review Young's complaint to
determine whether the complaint is frivolous or malicious,
fails to state a claim on which relief may be granted, or
seeks monetary relief against a ...