Jack Sullivan v. Carmen Pacheco and Sergio Jimenez

Summary

The United States District Court for the District of New Mexico orders pro se Plaintiff Jack Sullivan to cure deficiencies in his application to proceed in forma pauperis and to file an amended complaint. The Court explains that the complaint does not adequately state a claim because it lacks factual allegations identifying what each Defendant did, when the conduct occurred, how Plaintiff was harmed, and what legal right was violated. The Order also reminds Plaintiff of the requirements of the Federal and Local Rules of Civil Procedure and Rule 11.

Holdings

1. The short-form application did not provide sufficient information for the court to determine whether Plaintiff was unable to pay the required fees, so Plaintiff was required to file the long-form application within 21 days.
2. The complaint failed to state a claim upon which relief could be granted because it did not identify the actions of each Defendant, when those actions occurred, how they harmed Plaintiff, or the specific legal right allegedly violated.
3. Plaintiff was ordered to file an amended complaint identifying where the events or omissions occurred, where each Defendant resides, and facts and claims complying with the Federal and Local Rules of Civil Procedure.

Questions Presented

1. Whether Plaintiff's short-form application to proceed in forma pauperis provided sufficient information to establish inability to pay filing fees.
2. Whether Plaintiff's complaint stated a claim under 42 U.S.C. § 1983 when it did not explain what each Defendant did, when the conduct occurred, how Plaintiff was harmed, or what specific legal right was violated.
3. What pleading information Plaintiff was required to include in an amended complaint.

Disposition

other