William Paul A. Byrd, Trustee, William Paul Alexander Byrd Trust v. Navy Federal Credit Union, a federally chartered credit union, and April Galey, employee/agent

Summary

The United States District Court for the Eastern District of North Carolina reviews a magistrate judge’s recommendation concerning a pro se complaint alleging claims under criminal statutes, securities recordkeeping law, RICO, and the Uniform Commercial Code. The court dismisses the original complaint without prejudice, grants leave to amend, deems the amended in forma pauperis motion timely, and refers the amended complaint for further screening.

Holdings

1. The original complaint failed to state a claim for relief because the criminal statutes cited by plaintiff did not create private rights of action, and the district court adopted that portion of the magistrate judge's recommendation.
2. Dismissal of the original complaint was without prejudice because plaintiff requested leave to amend to assert viable civil claims.
3. The motion for leave to file the proposed amended complaint was granted, and the clerk was directed to file and separately index the proposed amended complaint and attachments.

Questions Presented

1. Whether the original complaint failed to state a claim for relief under the screening requirements of 28 U.S.C. § 1915(e).
2. Whether dismissal of the original complaint should be with prejudice or without prejudice to amendment.
3. Whether plaintiff should be granted leave to file the proposed amended complaint under Federal Rule of Civil Procedure 15(a)(2).
4. Whether plaintiff's amended motion to proceed in forma pauperis should be deemed timely and the amended complaint referred for renewed screening.

Disposition

other