Collins v. Smith

Summary

The United States District Court for the Eastern District of California grants Bobby Lee Collins leave to proceed in forma pauperis in his 42 U.S.C. § 1983 action. The court screens the complaint under 28 U.S.C. § 1915A and finds that it fails to state a claim, including under the Americans with Disabilities Act, because the allegations are largely indecipherable and do not adequately connect the medical records to the claims. The complaint is not served, and Collins is granted 30 days to file a First Amended Complaint.

Holdings

1. Plaintiff's motion to proceed in forma pauperis was granted because his declaration showed that he could not afford to pay the entire filing fee.
2. The complaint failed to state a claim upon which relief could be granted and was too difficult to follow to permit service on defendants.
3. Plaintiff was granted thirty days to file a first amended complaint that complies with the Federal Rules of Civil Procedure and the Local Rules of Practice.
4. The complaint did not state a valid claim for relief under the Americans with Disabilities Act.

Questions Presented

1. Whether plaintiff's complaint stated a cognizable claim under the Americans with Disabilities Act.
2. Whether the complaint was sufficiently clear and factually specific to satisfy the screening requirements of 28 U.S.C. § 1915A.
3. Whether plaintiff should be granted leave to amend rather than have the action dismissed immediately.
4. Whether plaintiff qualified to proceed in forma pauperis under 28 U.S.C. § 1915.

Disposition

other