Summary
This federal district court order grants the plaintiff’s motion to proceed in forma pauperis and screens his pro se complaint pursuant to 28 U.S.C. § 1915(e)(2). The court finds the complaint deficient because it fails to clearly identify the defendants, state a specific cause of action, or request particular relief, noting that it merely narrates a neighbor dispute involving police response. The plaintiff is ordered to file an amended complaint within thirty days using the provided forms, or face dismissal without prejudice.
Topics
Practice areas
Questions Presented
- Whether the plaintiff qualifies for in forma pauperis status under 28 U.S.C. §1915(a)
- Whether the plaintiff's complaint meets the pleading plausibility standard set forth in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal
Holdings
- The court grants the motion to proceed in forma pauperis because the plaintiff demonstrates limited income consistent with the statutory requirements.
- The plaintiff must amend the complaint to include sufficient factual allegations that make the claim plausible under Twombly and Iqbal; failure to do so will result in dismissal without prejudice.
Key quotations
“A pro se plaintiff must set forth enough factual allegations to ‘nudge [ ] their claims across the line from conceivable to plausible,’ or ‘their complaint must be dismissed’ for failing to state a claim upon which relief can be granted.”
Factual background
The plaintiff, Edward Lee Brown, alleges that a dispute with his neighbor, Nathanial Key, over Brown's dogs barking led to police involvement and an incident report. Brown claims a violation of his liberty rights, references his race, and names several police officers, but his complaint is vague regarding the defendant and the precise cause of action.
Procedural history
Plaintiff filed a pro se complaint alleging civil rights violations; the court denied a properly pleaded complaint and granted a motion to proceed in forma pauperis, ordering plaintiff to file an amended complaint within 30 days.
Remand instructions
Plaintiff must file an amended complaint within 30 days that includes all factual allegations necessary to satisfy the pleading plausibility standard; if the plaintiff fails to amend or the amendment is insufficient, the complaint will be dismissed without prejudice.