Amanda Jolee Oliver v. United States of America, et al.

Summary

The United States District Court for the Eastern District of Missouri grants Amanda Jolee Oliver leave to proceed in forma pauperis but dismisses her complaint without prejudice as frivolous under 28 U.S.C. § 1915(e)(2)(B). The court denies her motion to appoint counsel as moot and certifies that an appeal would not be taken in good faith.

Holdings

1. The plaintiff was unable to pay the filing fee and was entitled to proceed in forma pauperis with the filing fee waived.
2. The complaint was frivolous because its factual allegations were fanciful, fantastic, delusional, irrational, and wholly incredible, and it lacked an arguable basis in law or fact.
3. Dismissal without prejudice was appropriate because the defects in the complaint could not be remedied through amendment.
4. The motion to appoint counsel was denied as moot because the action was dismissed.
5. An appeal from the dismissal would not be taken in good faith.

Questions Presented

1. Whether the plaintiff qualified to proceed in forma pauperis based on the financial information submitted.
2. Whether the complaint was frivolous and therefore subject to dismissal under 28 U.S.C. § 1915(e)(2)(B)(i).
3. Whether the complaint's defects could be remedied through amendment.
4. Whether appointment of counsel should be denied as moot after dismissal.
5. Whether the court should certify that an appeal would not be taken in good faith.

Disposition

dismissed