RANSOM v. JAMESON

United States District Court for the Middle District of Georgia

RANSOM v. JAMESON

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION

KELVIN CHARLES RANSOM, SR., : : Plaintiff, : : VS. : NO. 4:23-cv-40-CDL-MSH : VICKI JAMESON; : PAMELA JACKSON1, : : Defendants. : :

ORDER

Plaintiff Kelvin Charles Ransom, Sr, a pretrial detainee in the Harris County Jail in Hamilton, Georgia, filed a document that was docketed as a

42 U.S.C. § 1983

action. ECF No. 1. Plaintiff named Vicki Jameson, the Harris County Tax Commissioner, as the only defendant.

Id.

Plaintiff failed to use the required

42 U.S.C. § 1983

form. Additionally, Plaintiff did not pay the $402.00 filing fee or move to proceed without prepayment of the filing fee or security therefor pursuant to

28 U.S.C. § 1915

(a). On March 22, 2023, the Court ordered Plaintiff to file an amended complaint using the required

42 U.S.C. § 1983

form and either pay the filing fee or submit a request to proceed in forma pauperis along with a financial affidavit and certified copy of his trust fund account for the last six months. ECF No. 4. Plaintiff seemed to complain about the assessment or collection of real property taxes. ECF Nos. 1; 3. The Court, therefore, informed Plaintiff

1 The Clerk of Court is DIRECTED to show these two defendants. It appears that Plaintiff that federal district courts, such as this one, generally do not have jurisdiction to interfere with the assessment and collection of real property taxes. ECF No. 4. Plaintiff failed to file a certified copy of his trust fund account statement. On May 2,

2023, the Court ordered Plaintiff to show cause why his case should not be dismissed for failure to do so. ECF No. 7. Plaintiff responded by mailing the Court an incomplete and unsigned Account Certificate. ECF No. 8-1 at 1. Attached to the incomplete and unsigned Account Certificate is an “Inmate History” that appears to show all purchases Plaintiff made from December 1, 2022 to May 13, 2023.

Id. at 2

. While the “Inmate History” indicates several “ICC Inmate

Deposits,” it does not indicate the amounts of the deposits.

Id.

In short, Plaintiff has failed to provide a certified copy of his trust fund account statement as he was ordered to do on March 22, 2023 and again on May 13, 2023. Plaintiff did file an amended complaint using the

42 U.S.C. § 1983

form. ECF No. 5. In the heading, he named two defendants: Vicki Jameson and Pamela Jackson.

Id. at 1

. It

appears that Vicki Jameson is the Tax Commissioner of Harris County, Georgia. ECF Nos. 1 at 1; 3 at 1. The Court is unsure who Pamela Jackson is. Plaintiff failed to answer question twelve on the § 1983 form which asks for, “the full name, the official position, and the place of employment of each defendant in this lawsuit.” ECF No. 5 at 4. Plaintiff also made no allegations whatsoever in the Statement of Claim section of the amended complaint. Thus,

the Court has no idea how the defendants may have violated Plaintiff’s constitutional or federal statutory rights.2 Without this information, there is no way for the Court to process Plaintiff’s civil action. Due to Plaintiff’s failure to follow the Court’s Orders and prosecute this action, the case is hereby DISMISSED WITHOUT PREJUDICE. Fed. R. Civ. P. 41(b); Brown v.

Tallahassee Police Dep’t,

205 F. App’x 802, 802

(11th Cir. 2006) (citing Fed. R. Civ. P. 41(b) and Lopez v. Aransas Ctny. Indep. Sch. Dist.,

570 F.2d 541, 544

(5th Cir. 1978)) (“The court may dismiss an action sua sponte under Rule 41(b) for failure to prosecute or failure to obey a court order.”). SO ORDERED, this 25th day of May, 2023.

S/Clay D. Land CLAY D. LAND U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA

authority to “enjoin, suspend or restrain the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State.”

28 U.S.C. § 1341

; see also Fair Assessment in Real Estate Ass’n, Inc. v. McNary,

454 U.S. 100, 107

(1981) (The “principle of comity bars federal courts from granting damages” in suits brought under

42 U.S.C. § 1983

for allegedly unconstitutional administration of the state’s

Reference

Status
Unknown