Cherice Moore v. United States Army, et al.

Summary

The United States District Court for the Eastern District of Michigan granted Cherice Moore’s application to proceed in forma pauperis. The court dismissed her complaint without prejudice under 28 U.S.C. § 1915(e)(2)(B) for failure to state a plausible claim for relief and determined that an appeal in forma pauperis would not be taken in good faith.

Holdings

1. Plaintiff qualified to proceed in forma pauperis because her application demonstrated indigence.
2. The complaint failed to state a plausible claim for relief because it did not identify the federal authority underlying plaintiff's claims or otherwise articulate a legally cognizable claim.
3. Plaintiff may not proceed in forma pauperis on appeal because an appeal would not be taken in good faith.

Questions Presented

1. Whether plaintiff demonstrated the inability to pay the filing fee and therefore qualified to proceed in forma pauperis.
2. Whether the complaint stated a plausible claim for relief under the screening requirements of 28 U.S.C. § 1915(e)(2)(B).
3. Whether plaintiff could proceed in forma pauperis on appeal.

Disposition

dismissed