Caryl Danita Carby v. Central Intelligence Agency, et al.

Summary

The U.S. District Court for the Eastern District of Washington dismissed Caryl Danita Carby’s pro se complaint against the Central Intelligence Agency and other defendants. The court held that the complaint failed to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii), found amendment would be futile, dismissed the action with prejudice, and directed that the case be closed.

Holdings

1. The complaint failed to state a claim because it lacked sufficient facts supporting a cognizable legal theory against any defendant; dismissal was therefore required under 28 U.S.C. § 1915(e)(2)(B)(ii).
2. Leave to amend was not warranted because it was absolutely clear that amendment would be futile.
3. The complaint was dismissed with prejudice, and the clerk was directed to enter the order and judgment and close the file.

Questions Presented

1. Whether the complaint stated a claim upon which relief could be granted under 28 U.S.C. § 1915(e)(2)(B)(ii) and the Rule 12(b)(6) standard.
2. Whether plaintiff should be granted leave to amend her complaint.
3. Whether the action should be dismissed with prejudice after plaintiff failed to renew her in forma pauperis application or pay the filing fee.

Disposition

dismissed