Natalie Gonzalez v. Shantonu Basu

Summary

The United States Magistrate Judge grants Natalie Gonzalez's motion to proceed in forma pauperis but recommends dismissal without prejudice of her pro se complaint against Shantonu Basu. The recommendation is based on the complaint's conclusory allegation of ex parte communication, failure to provide supporting facts or jurisdictional grounds, and failure to state a claim under 28 U.S.C. § 1915(e)(2)(B).

Holdings

1. The application to proceed without prepayment of fees was sufficient and was granted.
2. The complaint failed to state a claim upon which relief could be granted because it offered only a conclusory allegation of ex parte communication and no supporting factual matter.
3. The complaint failed to allege facts demonstrating that the court had subject matter jurisdiction.
4. The deficiencies were so extensive that they were not subject to being addressed through an amended complaint, and dismissal without prejudice was recommended.

Questions Presented

1. Whether Gonzalez established eligibility to proceed in forma pauperis.
2. Whether the complaint stated a nonfrivolous, plausible claim for relief under the screening standard of 28 U.S.C. § 1915(e)(2)(B).
3. Whether the complaint alleged facts establishing federal subject matter jurisdiction.
4. Whether the deficiencies in the complaint could be cured by amendment.

Disposition

remanded