Howard Leon Haynie v. Experian Information Solutions Incorporated

Summary

The United States District Court for the District of Arizona grants Howard Leon Haynie’s application to proceed in forma pauperis and motion to file electronically in his Fair Credit Reporting Act action against Experian Information Solutions, Incorporated. The court finds that the complaint plausibly states claims concerning the reporting and failure to block an allegedly fraudulent identity-theft account and orders the defendant to answer.

Holdings

1. A plaintiff may proceed without prepaying filing fees when an affidavit sufficiently shows inability to pay; Haynie made that showing.
2. Liberally construed, Haynie's complaint stated claims on which relief could be granted under the Fair Credit Reporting Act and therefore would not be dismissed at the screening stage.

Questions Presented

1. Whether Haynie established inability to pay the filing and administrative fees sufficient to proceed in forma pauperis.
2. Whether the pro se complaint stated plausible Fair Credit Reporting Act claims sufficient to survive screening under 28 U.S.C. § 1915(e)(2).
3. Whether Haynie should be permitted to file documents electronically in the action.

Disposition

other