FAIRCLOTH v. BIBB COUNTY GEORGIA et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
STEVEN TODD FAIRCLOTH, )
)
Plaintiff, )
)
v. ) CIVIL ACTION NO. 5:25-CV-440 (MTT)
)
BIBB COUNTY, GEORGIA, et al., )
)
Defendants. )
__________________ )
ORDER
On October 7, 2025, plaintiff Steven Faircloth, proceeding pro se, filed his
complaint. ECF 1. That same day, he filed a motion to proceed in forma pauperis
(“IFP”). ECF 2. For the reasons stated, Faircloth’s motion to proceed IFP (ECF 2) is
GRANTED. However, Faircloth’s complaint lacks important factual allegations that
Faircloth may have omitted because of his pro se status. Thus, the Court ORDERS
Faircloth to amend his complaint by November 24, 2025.
I. DISCUSSION
A. Motion to Proceed IFP
Motions to proceed IFP are governed by 28 U.S.C. § 1915(a)(1), which provides:
[A]ny 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.
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).
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When considering a motion to proceed IFP filed under § 1915(a), “the only
determination to be made by the court is whether the statements in the affidavit satisfy
the requirement of poverty.” Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (11th
Cir. 2004) (cleaned up). A plaintiff is not required to show he is “absolutely destitute.” Id.
(quoting Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948)). Rather,
“an affidavit will be held sufficient 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.” Id. “A court may not deny an IFP motion without first
comparing the applicant’s assets and liabilities in order to determine whether he has
satisfied the poverty requirement.” Thomas v. Chattahoochee Jud. Cir., 574 F. App’x
916, 917 (11th Cir. 2014) (citing Martinez, 364 F.3d at 1307-08).
However, § 1915(a) “should not be a broad highway into the federal courts.”
Phillips v. Mashburn, 746 F.2d 782, 785 (11th Cir. 1984). Section 1915(a) “conveys only
a privilege to proceed without payment to only those litigants unable to pay costs
without undue hardship.” Mack v. Petty, 2014 WL 3845777, at *1 (N.D. Ga. Aug. 4,
2014) (citations omitted). District courts have “wide discretion” in deciding whether a
plaintiff can proceed IFP, and “should grant the privilege sparingly,” especially in civil
cases for damages. Martinez, 364 F.3d at 1306 (citation omitted).
Faircloth’s IFP affidavit establishes that he cannot pay the court fees. ECF 2.
Thus, the Court finds that Faircloth is unable to pay the costs of this proceeding without
undue hardship and therefore his motion for leave to proceed IFP (ECF 2) is
GRANTED.
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B. Frivolity Review
Section 1915 does not create an absolute right to proceed IFP in civil actions.
“Where the IFP affidavit is sufficient on its face to demonstrate economic eligibility, the
court should first docket the case and then proceed to the question of whether the
asserted claim is frivolous.” Martinez, 364 F.3d at 1307 (internal quotation marks,
alterations, and citation omitted). When allowing a plaintiff to proceed IFP, the Court
shall dismiss the case if the Court determines that the complaint (1) “is frivolous or
malicious;” (2) “fails to state a claim on which relief may be granted;” or (3) “seeks
monetary relief against a defendant who is immune from such relief.” 28 U.S.C. §
1915(e)(2)(B).
A claim is frivolous if it “has little or no chance of success,” meaning that it
appears “from the face of the complaint that the factual allegations are ‘clearly baseless’
or that the legal theories are ‘indisputably meritless.’” Carroll v. Gross, 984 F.2d 392,
393 (11th Cir. 1993). “A dismissal under § 1915(e)(2)(B)(ii) for failure to state a claim is
governed by the same standard as a dismissal pursuant to Federal Rule of Civil
Procedure 12(b)(6).”2 Thomas v. Harris, 399 F. App’x 508, 509 (11th Cir. 2010) (citing
Mitchell v. Farcass, 112 F.3d 1483, 1490 (11th Cir. 1997)). However, because Faircloth
is proceeding pro se, his “pleadings are held to a less stringent standard than pleadings
drafted by attorneys and will, therefore, be liberally construed.” Hughes v. Lott, 350 F.3d
1157, 1160 (11th Cir. 2003) (quotation marks and citation omitted). But “[d]espite the
2 To avoid dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6), a complaint must contain
specific factual matter to “state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S.
662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). On a motion to dismiss,
“all well-pleaded facts are accepted as true, and the reasonable inferences therefrom are construed in the
light most favorable to the plaintiff.” In re Galectin Therapeutics, Inc. Sec. Litig., 843 F.3d 1257, 1269 n.4
(11th Cir. 2016) (quoting Garfield v. NDC Health Corp., 466 F.3d 1255, 1261 (11th Cir. 2006)).
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leniency afforded pro se plaintiffs, the district court does not have license to rewrite a
deficient pleading.” Osahar v. U.S. Postal Serv., 297 F. App’x 863, 864 (11th Cir. 2008)
(citation omitted).
Faircloth asserts that “[b]etween 2022 and 2023, [he] was subjected to three
unlawful involuntary mental health seizures” and was “forcibly sedated at River Edge
Behavioral Health and the Medical Center of Central Georgia against his will.” ECF 1 ¶¶
9, 15. He claims that some of the named defendants, including Judge Sarah Harris,
Clerk Elizabeth Whitby, Captain Wilton Collins, Detective Shaun Bridger, and
unspecified “family defendants,” played a role in the unlawful seizures. Id. ¶¶ 10-14.
However, his allegations against these defendants lack factual details and are wholly
conclusory, and he makes no allegations against other named defendants. Further,
Faircloth appears to be seeking monetary relief from multiple defendants who are
immune from such relief.
Thus far, Faircloth’s allegations appear thin, and the Court is unable to conduct a
thorough frivolity review. See 28 U.S.C. § 1915(e)(2)(b) (stating that a court is required
to dismiss a case brought by a pro se plaintiff if it (1) is frivolous, or malicious; (2) fails to
state a claim on which relief may be granted; or (3) seeks monetary relief against a
defendant who is immune from such relief). It is not clear whether this deficiency is
because of the manner in which the allegations have been pled, or whether they simply
lack substance. However, given Faircloth’s pro se status, the Court will afford him an
opportunity to amend his complaint to state viable claims. See Duff v. Steub, 378 F.
App’x 868, 872 (11th Cir. 2010) (per curiam) (“When it appears a pro se plaintiff’s
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complaint, if more carefully drafted, might state a claim, the district court should give the
pro se plaintiff an opportunity to amend his complaint instead of dismissing it.”).
For these reasons, Faircloth is ORDERED to amend his complaint to include all
facts that he wishes to make a part of these proceedings and cite the appropriate
statutory or constitutional authority for bringing his claims. Faircloth shall have until
November 24, 2025 to file his amended complaint.
In the “statement of claims” section of his amended complaint, Faircloth must link
any claims he makes to a named defendant. If Faircloth fails to link a named defendant
to a claim, the claim will be dismissed; if Faircloth makes no allegations in the body of
his complaint against a named defendant, that defendant will be removed from the
action.
Faircloth must provide enough facts to plausibly demonstrate that each
defendants’ actions or omissions resulted in the violation of his rights under a specific
law. It is also recommended that, when drafting his “statement of claims,” Faircloth list
numbered responses to the following questions (to the extent possible) along with the
name of each defendant:
(1) What did each defendant do (or not do) to violate his rights?
(2) When did each action occur?
(3) How was Faircloth injured as a result of each defendant’s actions?
The amended complaint will take the place of and supersede Faircloth’s original
complaint. Schreane v. Middlebrooks, 522 F. App’x 845, 847-48 (11th Cir. 2013).
Faircloth may not refer to, or incorporate by reference, his previous complaint. The
Court will not look back to the facts alleged in the original complaint once the amended
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complaint is filed; the Court will only consider the facts in the amended complaint when
it conducts the frivolity review required by § 1915(e)(2)(B). Hoefling v. City of Miami, 811
F.3d 1271, 1277 (11th Cir. 2016) (holding that the filing of an amended pleading renders
the previous pleading a “legal nullity”).
II. CONCLUSION
Pursuant to 28 U.S.C. § 1915 and for the reasons set forth above, Faircloth’s
motion to proceed IFP (ECF 2) is GRANTED, and Faircloth is ORDERED to amend his
complaint no later than November 24, 2025.
SO ORDERED, this 10th day of November, 2025.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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