Benedicta Fowlkes v. NBA/WNBA

Summary

The United States District Court for the Eastern District of Wisconsin grants Benedicta Fowlkes’s motion to proceed in forma pauperis. Applying 28 U.S.C. § 1915(e)(2), the court concludes that the complaint is frivolous and fails to present a credible federal claim. The court recommends dismissing the action with prejudice and directs assignment to a district judge because the parties have not consented to magistrate-judge jurisdiction.

Holdings

1. Fowlkes lacked the financial resources to prepay the fees and costs associated with the action, so her motion to proceed in forma pauperis was granted.
2. The complaint was frivolous because its allegations were clearly baseless, fanciful, irrational, and delusional and did not present a credible cause of action.
3. The complaint failed to allege facts supporting a federal claim or a credible cause of action, even when liberally construed.
4. Leave to amend was unnecessary because any amendment would be futile in light of the baseless allegations; dismissal with prejudice was recommended.
5. Because not all parties had consented to magistrate-judge jurisdiction, the magistrate judge could not finally resolve the case and instead issued a recommendation to a district judge.

Questions Presented

1. Whether Fowlkes qualified to proceed in forma pauperis.
2. Whether the complaint was frivolous or failed to state a claim under 28 U.S.C. § 1915(e)(2).
3. Whether the complaint should be dismissed with prejudice without granting leave to amend because amendment would be futile.
4. Whether the magistrate judge could finally resolve the action without the consent of all parties.

Disposition

other