Alisa Razumovsky v. Nelnet Servicing LLC

Summary

The United States District Court for the Eastern District of California denied Nelnet Servicing LLC’s motion to dismiss as premature. Because Plaintiff’s First Amended Complaint had not yet been screened under 28 U.S.C. § 1915(e)(2), the court denied the motion without prejudice and vacated the scheduled hearing.

Holdings

1. A motion to dismiss filed before the court completes mandatory screening of the operative complaint in an in forma pauperis action is premature and may be denied without prejudice.

Questions Presented

1. Whether a defendant's motion to dismiss should be considered when a pro se plaintiff proceeding in forma pauperis has filed an amended complaint that has not yet undergone mandatory statutory screening.

Disposition

other