Devon Newton v. Curran Fromhold Correctional Facility, et al.

Summary

The United States District Court for the Eastern District of Pennsylvania granted Devon Newton leave to proceed in forma pauperis and deemed his complaint filed. The court dismissed claims against Curran Fromhold Correctional Facility with prejudice and claims against the other defendants without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii), allowing Newton 30 days to amend or notify the court that he intends to stand on his complaint.

Holdings

1. Newton was granted leave to proceed in forma pauperis under 28 U.S.C. § 1915, and the complaint was deemed filed.
2. The complaint failed to state a claim and was dismissed in part with prejudice and in part without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii).
3. Newton was given thirty days to file an amended complaint attempting to cure the identified defects in the claims dismissed without prejudice.
4. If Newton failed to amend or otherwise respond within thirty days, the court would infer that he intended to stand on his complaint and would issue a final order dismissing the case.

Questions Presented

1. Whether Newton should be permitted to proceed in forma pauperis.
2. Whether the complaint stated a claim under 28 U.S.C. § 1915(e)(2)(B)(ii).
3. Whether Newton should be given leave to amend claims dismissed without prejudice.
4. Whether a plaintiff may be required to notify the court whether he intends to stand on a defective complaint, with inaction permitting the court to infer that intent and enter a final dismissal.

Disposition

dismissed