L.D.B. v. Stanley Patrick Weber et al.

Summary

The court grants the plaintiff’s application to proceed in forma pauperis and orders payment of the filing fee through monthly deductions from the plaintiff’s trust account. The court denies appointment of counsel as premature, grants the motion to proceed using initials because the claims concern alleged child sexual abuse, and orders sealing and redaction of existing filings. The order also directs issuance and service of summonses and warns that failure to return the required forms may result in dismissal for failure to prosecute.

Holdings

1. Plaintiff qualified to proceed in forma pauperis without prepayment of the filing fee, but remained obligated to pay the full $350 filing fee through monthly payments from his trust account as required by the Prison Litigation Reform Act.
2. Plaintiff's claims could not proceed under 42 U.S.C. § 1983 because the complaint did not allege that either defendant was a state actor or acted under color of state law.
3. Liberally construed, plaintiff's allegations potentially asserted claims under the Federal Tort Claims Act or Bivens rather than under § 1983.
4. Plaintiff was permitted to proceed using his initials, and the Clerk was ordered to seal existing filings, prepare redacted versions, and restrict future filings and envelopes as directed.
5. Appointment of counsel was denied as premature.

Questions Presented

1. Whether plaintiff qualified to proceed in forma pauperis without prepaying the filing fee and remained responsible for the full filing fee under the Prison Litigation Reform Act.
2. Whether the complaint stated a viable claim under 42 U.S.C. § 1983 where it did not allege that either defendant acted under color of state law.
3. Whether plaintiff should be permitted to proceed under initials and have identifying information redacted or sealed because he alleged childhood sexual abuse.
4. Whether appointment of counsel was warranted at that stage of the proceedings.
5. Whether the Clerk and United States Marshals Service should issue and serve process.

Disposition

other