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 the pro se plaintiff’s complaint had not yet been screened and a signed complaint had not been filed. The motion was denied without prejudice, and the scheduled hearing was vacated.

Holdings

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

Questions Presented

1. Whether a defendant's motion to dismiss should be denied as premature when the court has not yet screened an in forma pauperis complaint under 28 U.S.C. § 1915(e)(2).

Disposition

denied