Summary
The United States District Court for the Eastern District of Missouri denied Natalie Gonzalez’s application to proceed in forma pauperis and dismissed her complaint under 28 U.S.C. § 1915(e)(2)(B). The court determined that the complaint failed to state a claim and was frivolous and malicious because it consisted of bare allegations and was filed nearly identically in numerous federal courts.
Holdings
- The complaint failed to state a claim because it contained only conclusory allegations, lacked factual context, and did not provide sufficient factual matter to make a claim plausible on its face.
- The complaint was malicious because its filing as the same bare complaint against the same defendant in numerous federal courts within a few days demonstrated an intent to harass the defendant, the court, or both.
- The application to proceed in forma pauperis was denied because the complaint was subject to dismissal under 28 U.S.C. § 1915(e)(2)(B).
Questions Presented
- Whether the complaint stated a claim for relief under the applicable pleading standard.
- Whether the complaint was frivolous and malicious within the meaning of 28 U.S.C. § 1915(e)(2)(B).
- Whether Gonzalez's application to proceed in forma pauperis should be denied.
Disposition
dismissed
Cases Cited (11)
- Neitzke v. Williams, 490 U.S. 319, 324 (1989)(followed)
- Erickson v. Pardus, 551 U.S. 89, 94 (2007)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
- Swanson v. Citibank, N.A., 614 F.3d 400, 404 (7th Cir. 2010)(followed)
- Martin v. Aubuchon, 623 F.2d 1282, 1286 (8th Cir. 1980)(followed)
- Stone v. Harry, 364 F.3d 912, 914-15 (8th Cir. 2004)(followed)
- Lindell v. McCallum, 352 F.3d 1107, 1109 (7th Cir. 2003)(followed)
- Horsey v. Asher, 741 F.2d 209, 212-13 (8th Cir. 1984)(followed)
- Carter v. Schafer, 273 Fed. Appx. 581 (8th Cir. 2008)(followed)
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Cited In (0)
No citing cases on record yet.
Court Document
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