Summary
This United States District Court order grants plaintiff Jackie L. Baker’s motion to proceed in forma pauperis under 28 U.S.C. § 1915. Following a preliminary frivolity review, the court determines that the pro se complaint lacks sufficient factual allegations, fails to state a clear legal basis, and does not establish subject matter jurisdiction. Accordingly, the court orders Baker to file an amended complaint within twenty-one days that properly links claims to named defendants and articulates a valid jurisdictional basis.
Topics
Practice areas
Questions Presented
- Whether plaintiff satisfies the poverty requirement for a motion to proceed in forma pauperis under 28 U.S.C. §1915(a).
- Whether the complaint states a claim and establishes jurisdiction, and what relief the court should order.
Holdings
- The court grants the motion to proceed in forma pauperis because the affidavit demonstrates that plaintiff cannot pay court fees without undue hardship.
- The court orders plaintiff to amend her complaint within twenty‑one days to include factual allegations and a basis for jurisdiction; failure to do so will result in dismissal.
Key quotations
“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 possesses that the person is unable to pay such fees or give security therefor.” (at 1)
“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).” (at 2)
Factual background
Plaintiff Jackie L. Baker alleges that defendant Horst Shewmaker, LLC settled an insurance claim on her behalf without permission, failed to return settlement funds, and that an employee of the defendant withheld case files and attempted to bribe her. She also alleges that the defendant is immune and that the court lacks jurisdiction.
Procedural history
Plaintiff filed the complaint and a motion to proceed in forma pauperis on February 27, 2025. The court considered the motion, granted it, and ordered the plaintiff to amend her complaint within twenty‑one days.