Martino O’Bryant v. Nico Terrace, et al.

Summary

The United States District Court for the Eastern District of Missouri granted Martino O’Bryant’s application to proceed without prepaying fees and costs. After initial review under 28 U.S.C. § 1915(e), the court dismissed without prejudice his claims against Nico Terrace and other defendants, finding the allegations frivolous, clearly baseless, and insufficient to state viable claims. The court denied the remaining pending motions as moot.

Holdings

1. The court granted plaintiff’s application to proceed in forma pauperis and waived the filing fee.
2. The complaint and supplemental filings were dismissed without prejudice because the claims lacked an arguable basis in law or fact, relied on clearly baseless factual allegations, and failed to state viable legal claims.
3. The court denied all other pending motions without prejudice as moot.

Questions Presented

1. Whether plaintiff should be permitted to proceed without prepaying filing fees and costs.
2. Whether the complaint and supplemental filings were frivolous or failed to state viable claims under 28 U.S.C. § 1915(e).
3. Whether the pending motions should be denied as moot after dismissal of the action.

Disposition

dismissed