Summary
This Findings and Recommendation from the U.S. District Court for the District of Hawaii addresses Plaintiff Miles Thomas’s pro se complaint and application to proceed in forma pauperis. The Magistrate Judge recommends dismissing the complaint with leave to amend because it fails to state a claim upon which relief can be granted, citing the lack of a private right of action under the cited criminal statutes and conclusory allegations. The recommendation further advises holding the in forma pauperis application in abeyance pending the filing of an amended complaint that meets federal pleading standards.
Topics
Practice areas
Questions Presented
- Whether the plaintiff’s pro se complaint fails to state a claim on which relief can be granted under 28 U.S.C. §1915(e).
- Whether the plaintiff is entitled to leave to amend the complaint.
Holdings
- The complaint must be dismissed because it does not allege sufficient factual matter to state a plausible claim.
- Leave to amend should be granted because the deficiencies are not so clear as to preclude amendment.
Key quotations
“‘Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.’” (at 555)
“‘[u]nless it is absolutely clear that no amendment can cure the defect, . . . a pro se litigant is entitled to notice of the complaint’s deficiencies and an opportunity to amend prior to dismissal of the action.’” (at 248)
Factual background
Plaintiff Miles Thomas alleges that defendants used alleged "mind reading technology" to harass him and his children, steal his mail, and commit cyberstalking, identity theft, and other civil‑rights related harms, seeking $700 million in damages. The complaint provides only conclusory allegations without specific factual detail.
Procedural history
Plaintiff filed a pro se complaint and an application to proceed in forma pauperis. The magistrate judge reviewed the complaint under the mandatory screening requirements of 28 U.S.C. §1915(e) and issued findings and a recommendation to dismiss the complaint with leave to amend and to hold the in forma pauperis application in abeyance.
Remand instructions
Plaintiff may file an amended complaint within 30 days of the district court’s action on these findings; the screening of any amended complaint is to be referred to the undersigned magistrate judge; failure to file within the time frame will result in automatic dismissal.