Shapiro v. Campanelli

Summary

The United States District Court for the District of Idaho denied John Shapiro’s application to proceed in forma pauperis because it lacked sufficient detail regarding his financial circumstances. The court dismissed his complaint with prejudice as frivolous and insufficiently supported by factual allegations concerning an alleged conspiracy and Fourteenth Amendment violations.

Holdings

1. The application to proceed in forma pauperis was properly denied because it did not state the facts of Shapiro's poverty with sufficient particularity, definiteness, and certainty to establish indigency.
2. The complaint failed to state a claim upon which relief could be granted because it contained only conclusory allegations of conspiracy and a Fourteenth Amendment violation, without facts showing a plausible cause of action.
3. The action was frivolous and had to be dismissed with prejudice because it was a duplicative lawsuit containing no substantive claims or supporting facts.

Questions Presented

1. Whether Shapiro established that he was unable to pay the filing fee and therefore qualified to proceed in forma pauperis.
2. Whether the complaint stated a plausible constitutional claim under 42 U.S.C. § 1983.
3. Whether the action could be dismissed with prejudice as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i).

Disposition

dismissed