Ben Ventura v. Fran Vella-Marrone, et al.

Summary

The United States District Court for the Central District of Illinois denied Ben Ventura’s application to proceed in forma pauperis and dismissed his complaint with prejudice. The court concluded that the complaint failed to state a plausible claim and was malicious because materially identical complaints had been filed in numerous courts.

Holdings

1. The complaint failed to state a claim because its conclusory allegations provided no factual details about the parties, their actions, the basis for filing in the district court, or other context necessary to make a plausible claim for relief.
2. The action was malicious because the plaintiff filed materially identical complaints containing baseless and meager allegations in more than 32 courts, demonstrating an intent to harass the defendants, the courts, or both.
3. The application to proceed in forma pauperis was denied because the application, submitted under penalty of perjury, was wholly lacking in detail and the court would not permit the plaintiff to pursue the malicious action.

Questions Presented

1. Whether the complaint stated a plausible claim for relief under the screening standard applicable to an in forma pauperis action.
2. Whether the action was malicious within the meaning of 28 U.S.C. § 1915(e)(2)(B)(i) because materially identical, baseless complaints were filed in numerous courts.
3. Whether the plaintiff's application to proceed in forma pauperis should be granted.

Disposition

dismissed