Johnson v. Irvine
Opinion of the Court
ORDER
Louis David Johnson Jr., a Michigan state prisoner, appeals pro se a district court order dismissing his civil rights complaint, filed pursuant to 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
Upon review, we conclude that this complaint was properly dismissed for failure to state a claim, because Johnson could prove no facts which would entitle him to relief. Jones v. City of Carlisle, 8 F.3d 945, 947 (6th Cir. 1993). The district court properly concluded that the complaint was barred by the Eleventh Amendment, because it sought monetary damages from a state employee in his official capacity. Doe v. Wigginton, 21 F.3d 733, 736-37 (6th Cir. 1994). Moreover, Johnson’s unfounded fear that he might be harmed is not a basis for imposing liability on defendant. Accordingly, the dismissal of this complaint is affirmed. Rule 34(j)(2)(C), Rules of the Sixth Circuit.
Reference
- Full Case Name
- Louis David JOHNSON, Jr. v. UNKNOWN IRVINE, named as R.U.O.
- Status
- Published