Clint Phillips, III v. United States

Summary

The United States District Court for the Eastern District of Missouri grants Clint Phillips III leave to proceed in forma pauperis but denies his request to pay the filing fee in installments. The court dismisses his tort-based complaint against the United States as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i), finding that the allegations lack an arguable basis in law or fact. The court also denies the remaining motions as moot and certifies that an appeal would not be taken in good faith.

Holdings

1. The complaint was frivolous because it presented no viable legal theory and its factual allegations lacked any arguable basis in law or fact and were clearly baseless.
2. Phillips was granted leave to proceed in forma pauperis because the court found that he could not afford the filing fee.
3. The request to pay the filing fee in partial payments or installments was denied.
4. The court certified that an appeal from the dismissal would not be taken in good faith.

Questions Presented

1. Whether the complaint was frivolous and subject to dismissal under 28 U.S.C. § 1915(e)(2)(B)(i).
2. Whether Phillips should be granted leave to proceed in forma pauperis and permitted to pay the filing fee in installments.
3. Whether Phillips's motions for appointed counsel and summary judgment should be denied as moot after dismissal.
4. Whether the court should certify that an appeal from the dismissal would not be taken in good faith.

Disposition

dismissed