Summary
The United States District Court for the Eastern District of Wisconsin grants Queontay DL Chapman leave to proceed in forma pauperis in his 42 U.S.C. § 1983 action. The court finds the complaint factually frivolous under 28 U.S.C. § 1915A(b), but permits Chapman to file an amended complaint or voluntarily dismiss the action by December 19, 2025. The order also addresses collection of the filing fee and filing procedures for incarcerated plaintiffs.
Holdings
- Chapman's motion for leave to proceed in forma pauperis was granted, and his obligation to pay an initial partial filing fee was waived because he lacked the assets and means to pay it.
- A prisoner complaint seeking redress from a governmental entity or officer must be screened under 28 U.S.C. § 1915A and must comply with the Federal Rules of Civil Procedure, including Rule 8(a)(2)'s requirement of a short and plain statement showing entitlement to relief.
- Chapman's complaint was factually frivolous and was subject to dismissal under 28 U.S.C. § 1915A(b).
- Chapman was permitted to file an amended complaint by December 19, 2025 if he could cure the factual and legal deficiencies identified by the court.
Questions Presented
- Whether Chapman should be permitted to proceed without prepaying the full filing fee.
- Whether the prisoner complaint satisfied the screening requirements of 28 U.S.C. § 1915A and the pleading requirements of Federal Rule of Civil Procedure 8(a)(2).
- Whether the complaint was factually frivolous and therefore subject to dismissal under 28 U.S.C. § 1915A(b).
- Whether Chapman should receive an opportunity to amend the complaint.
Disposition
other
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Court Document
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