Richard Perez v. IRS

Summary

The United States District Court for the Middle District of Florida dismissed Richard Perez’s civil rights complaint without prejudice under 28 U.S.C. § 1915(e)(2) for failure to state a claim. The court found the complaint incomprehensible and directed the Clerk to close the case and provide Perez with complaint and in forma pauperis forms.

Holdings

1. A court is not required to comb through an incomprehensible pleading, act as de facto counsel, or rewrite a deficient pleading to create a viable claim, even when the plaintiff is proceeding pro se.
2. The action had to be dismissed without prejudice for failure to state a claim on which relief may be granted.

Questions Presented

1. Whether the court was required to reconstruct an essentially incomprehensible pro se pleading to identify claims and defendants.
2. Whether the pleading stated a claim on which relief could be granted under 42 U.S.C. § 1983 after screening under 28 U.S.C. § 1915(e)(2).

Disposition

dismissed