Andreyev v. Trotsiouk

Summary

The United States District Court for the Eastern District of California denied Defendants Marcella Trotsiouk and Igor Trotsiouk’s motion to dismiss as premature. Because the pro se plaintiff’s complaint had not yet undergone mandatory screening under 28 U.S.C. § 1915(e)(2), the motion was denied without prejudice, leaving Defendants an opportunity to respond after screening.

Holdings

1. A motion to dismiss filed before the court completes screening under 28 U.S.C. § 1915(e)(2) is premature and should be denied without prejudice.

Questions Presented

1. Whether defendants' motion to dismiss should be considered before the court completed mandatory screening of the in forma pauperis complaint.

Disposition

other