Malik Sanders v. Resurgent/LVNV Funding

Summary

The United States District Court for the District of South Dakota grants Malik Sanders’s motion to proceed in forma pauperis in his pro se Fair Debt Collection Practices Act lawsuit against Resurgent/LVNV Funding. The court states that it will separately screen the complaint under 28 U.S.C. § 1915(e)(2)(B).

Holdings

1. Sanders qualified to proceed in forma pauperis because his financial affidavit showed that he had insufficient funds to pay the filing fee.
2. When a plaintiff is granted leave to proceed in forma pauperis, the court must screen the complaint under 28 U.S.C. § 1915(e)(2)(B) for frivolousness or maliciousness, failure to state a claim, and claims seeking monetary relief from an immune defendant.

Questions Presented

1. Whether Sanders demonstrated sufficient financial inability to pay the filing fee to qualify for in forma pauperis status under 28 U.S.C. § 1915(a)(1).
2. Whether the complaint must be screened under 28 U.S.C. § 1915(e)(2)(B) after leave to proceed in forma pauperis is granted.

Disposition

other