Summary
In two consolidated pro se § 1983 actions, the Tenth Circuit affirmed dismissal without prejudice under 28 U.S.C. § 1915(e)(2) for failure to state a claim where the plaintiff’s complaints merely directed the court to view information from other cases rather than alleging supporting facts, and he failed to file amended complaints after being granted leave. The court held that a district court is not required to comb the record of other cases, and that a pro se plaintiff’s failure to explain why his original complaints stated a claim or why he did not amend warranted affirmance. The panel also denied the plaintiff’s motion to expand the record in one appeal and denied his motion to proceed in forma pauperis in the other.
Topics
Practice areas
Questions Presented
- Whether the district court erred in dismissing Mr. Del Campo's complaints without prejudice for failure to state a claim under 28 U.S.C. § 1915(e)(2) when he failed to file amended complaints after being granted leave.
Holdings
- The district court did not err because Mr. Del Campo failed to file an amended complaint after being granted leave, and his appellate briefs do not explain why his original complaints stated a claim.
Key quotations
“each complaint asked the reader to '[p]lease view' information from a different case that he had filed.”
“the district court notified Mr. Del Campo that it would not 'comb the record of this or other cases'”
Factual background
Mr. Del Campo, proceeding pro se, filed two form civil rights complaints under 42 U.S.C. § 1983. Instead of alleging facts, each complaint asked the reader to '[p]lease view' information from a different case he had filed. The district court notified Mr. Del Campo that it would not 'comb the record of this or other cases' and granted him leave to file an amended complaint. Mr. Del Campo filed various motions but did not file an amended complaint. The district court dismissed each case without prejudice under 28 U.S.C. § 1915(e)(2) for failure to state a claim.
Procedural history
Mr. Del Campo filed two form civil rights complaints under 42 U.S.C. § 1983 in the District of New Mexico. The district court notified him that the complaints were insufficient and granted leave to amend. He did not amend and instead filed various motions. The district court dismissed each case without prejudice under 28 U.S.C. § 1915(e)(2) for failure to state a claim. Mr. Del Campo appealed.