Deborah Lee Roseboro v. Federick J. Baker, et al.

Summary

The United States District Court for the Eastern District of Pennsylvania grants Deborah Lee Roseboro leave to proceed in forma pauperis and deems her complaint filed. The court dismisses the complaint without prejudice, denies appointment of counsel as premature, and permits Roseboro to amend or notify the court that she intends to stand on the original complaint within thirty days.

Holdings

1. The motion to proceed in forma pauperis was granted pursuant to 28 U.S.C. § 1915, and the complaint was deemed filed.
2. The complaint was dismissed without prejudice, and Roseboro was granted thirty days to file a complete amended complaint identifying all defendants and stating the basis for each claim.
3. If Roseboro elects to stand on the complaint, or fails to respond to the order and thereby indicates an intent to stand on it, the court may issue a final dismissal; the six-factor Poulis analysis is not required in that circumstance.
4. The motion to appoint counsel was denied without prejudice as premature.

Questions Presented

1. Whether Roseboro should be granted leave to proceed in forma pauperis.
2. Whether the complaint should be dismissed without prejudice and Roseboro permitted to amend it.
3. Whether appointment of counsel should be denied as premature.
4. Whether a plaintiff who elects to stand on a defective complaint may be subject to a final dismissal without further analysis under the Poulis factors.

Disposition

dismissed