Kelvin Simmons v. Judge Karin L. Holma, et al.

Summary

The United States District Court for the District of Hawai‘i revoked Kelvin Simmons’s leave to proceed in forma pauperis and dismissed the action under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim. The court concluded that the Amended Complaint failed to identify specific defendants, allege meaningful facts, or satisfy basic federal pleading requirements, and directed the Clerk to enter judgment and close the case.

Holdings

1. The Amended Complaint failed to state a claim because it did not identify any specific Defendant who violated Simmons's rights, did not provide meaningful factual allegations concerning the alleged conduct, and relied on conclusory and vague assertions.
2. The court revoked Simmons's in forma pauperis status because his pleadings failed to state a claim for relief.

Questions Presented

1. Whether the Amended Complaint stated a claim upon which relief could be granted under 28 U.S.C. § 1915(e)(2)(B).
2. Whether the court should revoke Simmons's in forma pauperis status after determining that the action failed to state a claim.

Disposition

dismissed