Cothran v. Barr

United States District Court for the Eastern District of Arkansas

Cothran v. Barr

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

CLINTELL COTHRAN, SR. PLAINTIFF

v. CASE NO. 3:23-CV-00089-JM

JAMES BARR, Attorney DEFENDANT

ORDER Clintell Cothran’s motion to proceed in forma pauperis (Doc. 1) is granted. He reports living on social security disability income. Cothran’s complaint is subject to screening. See

28 U.S.C. § 1915

(e)(2). Cothran sues James Barr under

42 U.S.C. §1983

. His complaint in its entirety states as follows: Attorney James Barr is the spearhead Lawyer for Arkansas Rent relief program in Jonesboro Ar. that fictitiously engage (sic) in a Criminal Scam against (sic) the governments (sic) program. He has prosecuted several hundred of innocent people and had them displaced all because of his love of money, I was evicted from a resident that has no Owner he died. and Attorney James Barr lied.

(Doc. 2 at 4). Cothran seeks $10,000,000 in damages. (Id. at 5). Cothran’s complaint fails to state a claim for a number of reasons. First, Cothran does not offer sufficient facts to explain why he is entitled to the relief he seeks. His claim is completely conclusory. See Ashcroft v. Iqbal,

556 U.S. 662, 678

(2009). Second, to state a claim for relief under section 1983, Cothran must allege that a person acting under the color of state law deprived him of a constitutional or federally-protected statutory right. American Mfrs. Mut. Ins. Co. v. Sullivan,

526 U.S. 40, 49-50

(1999). Not only is Barr not a government actor, West v. Atkins,

487 U.S. 42, 48

(1988), but Cothran also has failed to allege a constitutional violation. Accordingly, this case is dismissed without prejudice, and an in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith.

28 U.S.C. § 1915

(a)(3). IT IS SO ORDERED this 10" day of July, 2023.

UNI is STA | +} DISTRICT JUDGE

Reference

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