June 19, 2008
This matter comes before the court on the pro se prisoner complaint of Carlton Harris-Bey, who brings his claims under 42 U.S.C. § 1983. For the purposes of the Prison Litigation Reform Act, the court notes that the plaintiff was incarcerated when he filed this suit. For the reasons set forth below, the instant case shall be dismissed for failure to state a claim upon which relief could be granted.
The plaintiff alleges that he was arrested by officers the Greenville Police Department and charged with robbery. The officers contacted the F.B.I.; a special agent interviewed the plaintiff and arrested him for bank robbery. The plaintiff was transported to the Leflore County Jail at the Delta Correctional Facility. He did not receive an initial appearance. The United States Marshal Service attempted to serve an arrest warrant upon the plaintiff, but the jail staff members would not provide a copy to the plaintiff. Although the plaintiff is represented by counsel, he has not read the indictment and is unsure of the charges for which he has been indicted. The plaintiff believes that the charges for which he is being held have been dismissed, and he seeks immediate release from incarceration.