DIXON v. WALKER

CourtDistrict Court, M.D. Georgia
DecidedOctober 10, 2025
Docket5:25-cv-00359
StatusUnknown

This text of DIXON v. WALKER (DIXON v. WALKER) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DIXON v. WALKER, (M.D. Ga. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION CHRIS JEROME DIXON, Plaintiff, v. CIVIL ACTION NO. Chief of Police TOMMY WALKER; Judge 5:25-cv-00359-TES MICHAEL RANSOM; CITY OF SPARTA, GEORGIA; and COUNTY OF HANCOCK, GEORGIA, Defendants.

ORDER

Pro se Plaintiff Chris Jerome Dixon commenced this civil action on August 25, 2025, by filing a Complaint [Doc. 1] and Motion for Leave to Proceed In Forma Pauperis (“IFP”) [Doc. 2]. Also with his Complaint, Plaintiff filed a Motion to Quash Arrest Warrant [Doc. 3]. Before addressing the substance of Plaintiff’s Complaint and his Motion to Quash, the Court first turns to his IFP Motion. A. Plaintiff’s Motion for Leave to Proceed IFP District courts may allow a plaintiff to file a lawsuit without prepaying fees and costs under 28 U.S.C. § 1915. This statute states: [Generally], any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses1 that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense or appeal and affiant’s belief that the person is entitled to redress. 28 U.S.C. § 1915(a)(1). A plaintiff’s application is sufficient to warrant a waiver of filing fees if it “represents that the litigant, because of his poverty, is unable to pay for the court fees and costs, and to support and provide necessities for himself and his dependents.” Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (11th Cir. 2004). After reviewing the statements Plaintiff makes in his application, see generally [Doc. 2],

the Court GRANTS his Motion for Leave to Proceed In Forma Pauperis. B. Frivolity Review Having granted Plaintiff IFP status, § 1915(e) requires the Court to screen his Complaint and determine whether it is “frivolous or malicious,” “fails to state a claim

on which relief may be granted,” or “seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915(e). The Eleventh Circuit has determined that “§ 1915(e), which governs [IFP] proceedings[,] generally permits district courts to

dismiss a case ‘at any time’ if the complaint ‘fails to state a claim on which relief may be granted.’” Robinson v. United States, 484 F. App’x 421, 422 n.2 (11th Cir. 2012) (per curiam). The Court can also dismiss an action at any time if it determines that the claims

1 “Despite the statute’s use of the phrase ‘prisoner possesses,’ the affidavit requirement applies to all persons requesting leave to proceed [IFP].” Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1306 n.1 (11th Cir. 2004). sought in it are frivolous or malicious or seek monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B)(i) and (iii). The proper contours of the term “frivolous,” have been defined by the Supreme

Court to encompass complaints that, despite their factual allegations and legal conclusions, lack an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989). These types of complaints are subject to sua sponte dismissal by a district court. Id. at 324 (noting that dismissals under § 1915(e) “are often made sua

sponte prior to the issuance of process, so as to spare prospective defendants the inconvenience and expense of answering such complaints”). More specifically, to survive this initial review, a claim must contain “sufficient

factual matter, accepted as true, to state a claim that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Federal Rule of Civil Procedure 12(b)(6) “authorizes a court to dismiss a claim on the basis of a dispositive issue of law.” Neitzke, 490 U.S. at

326 (citing Hishon v. King & Spalding, 467 U.S. 69, 73 (1984)). Operating on the assumption that the factual allegations in the complaint are true, such dismissal procedure streamlines litigation by dispensing with unnecessary discovery and factfinding. Id. However, a complaint will survive under Rule 12(b)(6) if it alleges

sufficient factual matter (accepted as true) that states a claim for relief that is plausible on its face. McCullough v. Finley, 907 F.3d 1324, 1333 (11th Cir. 2018) (citing Ashcroft, 556 U.S. at 678–79). Frivolity review under § 1915(e), on the other hand, has a separate function. Section 1915(e) is designed to discourage the filing of—and waste of judicial and private resources upon—baseless lawsuits that paying litigants generally do not initiate due to

filing costs and the potential threat of sanctions associated with filing such a lawsuit. Neitzke, 490 U.S. at 326. “To this end, the statute accords judges not only the authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of [a] complaint’s factual allegations and dismiss those claims

whose factual contentions are clearly baseless.” Id. Even though Rule 12 and § 1915(e) both counsel dismissal and share “considerable common ground” with each other, one dismissal standard does not invariably encompass the other. Id. at 328. “When a

complaint raises an arguable question of law which the district court ultimately finds is correctly resolved against [a] plaintiff, dismissal on Rule 12(b)(6) grounds is appropriate, but dismissal on the basis of frivolousness is not.” Id.

C. Plaintiff’s Complaint Courts must construe complaints filed by pro se plaintiffs liberally and hold their allegations to a less stringent standard than formal pleadings drafted by lawyers. Hughes v. Lott, 350 F.3d 1157, 1160 (11th Cir. 2003). In his Complaint, Plaintiff, who is a

North Carolina resident, states that he “brings this civil rights action pursuant to 42 U.S.C. § 1983 to redress the [alleged] deprivation of his constitutional rights by law enforcement and judicial officials in the State of Georgia.” [Doc. 1, p. 1]. As listed in the caption above, Plaintiff sues the Chief of Police for the City of Sparta, Chief Thommy Walker; a Hancock County magistrate judge, Judge Michael Ransom; the City of Sparta, Georgia; and Hancock County, Georgia. [Id.]. More specifically, Plaintiff sues Chief

Walker in his individual and official capacities and sues Judge Ransom in his official capacity. [Id.]. As for the city and county, Plaintiff states that he’s suing the City of Sparta because it is “responsible for the policies and oversight of its police department” and that he’s suing Hancock County because it “oversees the judicial functions of the

Hancock County Magistrate Court.” [Id. at pp. 1–2].

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DIXON v. WALKER, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixon-v-walker-gamd-2025.