Joaquin Guzman and Emma Coronel v. FNU LNU

Summary

The United States District Court for the District of New Mexico grants Joaquin Guzman and Emma Coronel leave to proceed in forma pauperis. The court dismisses their complaint without prejudice because it fails to identify proper defendants, comply with pleading requirements, and state a cognizable claim, while granting leave to file a single amended complaint within 30 days. The court denies the plaintiffs’ remaining motions as moot.

Holdings

1. Plaintiffs demonstrated that they were unable to pay the costs of the proceeding, so the court granted their application to proceed in forma pauperis.
2. The complaint was dismissed without prejudice because it failed to comply with Rule 8(a), failed to identify proper defendants and a cognizable legal theory, and failed to state a plausible claim for relief.
3. If plaintiffs intend to pursue a claim under 42 U.S.C. § 1983, they must identify a deprivation of a constitutional right by a person acting under color of state law and allege each official's personal involvement in the alleged violation.
4. Plaintiffs were granted thirty days to file a single amended complaint curing the pleading defects.

Questions Presented

1. Whether plaintiffs qualified to proceed in forma pauperis under 28 U.S.C. § 1915(a).
2. Whether the complaint satisfied Federal Rule of Civil Procedure 8(a) and stated a cognizable claim under Rule 12(b)(6) and 28 U.S.C. § 1915(e)(2)(B).
3. Whether the remaining pending motions should be denied as moot in light of dismissal with leave to amend.

Disposition

dismissed