Summary
The United States District Court for the Northern District of Mississippi dismissed Kristen Mendez’s pro se action against Jack Stollar and Dawn Hill-Kearse with prejudice. The court adopted the magistrate judge’s recommendation, finding the complaint frivolous and insufficient to state a claim under 28 U.S.C. § 1915(e)(2), and warned Mendez that future frivolous filings could result in sanctions or a prefiling injunction.
Topics
Practice areas
Questions Presented
- Whether the in forma pauperis complaint should be dismissed sua sponte under 28 U.S.C. § 1915(e)(2) because it was frivolous and failed to state a claim.
- Whether the action should be dismissed with prejudice and whether Mendez should be warned that future frivolous filings could result in sanctions, including a prefiling injunction.
Holdings
- An in forma pauperis complaint may be dismissed sua sponte under 28 U.S.C. § 1915(e)(2) when it is frivolous or malicious or fails to state a claim on which relief may be granted; Mendez's complaint satisfied both dismissal criteria.
- The action was dismissed with prejudice because the complaint was frivolous and failed to state a cognizable claim, and the magistrate judge's recommendation was adopted.
- The court warned Mendez that future frivolous filings may result in sanctions, including a prefiling injunction limiting access to the court.
Key quotations
“The three-sentence complaint is so devoid of any cognizable claim that it cannot be construed as anything but frivolous.”
“Mendez is warned that future frivolous filings may subject her to sanctions, including a prefiling injunction limiting access to this Court.”
Factual background
Mendez filed a three-sentence pro se complaint against Jack Stollar and Dawn Hill-Kearse while proceeding in forma pauperis. The court found the complaint devoid of any cognizable claim and noted that it was one of more than a dozen complaints Mendez filed in various federal district courts at approximately the same time.
Procedural history
Mendez filed a pro se action on May 12, 2026, and the magistrate judge granted her request to proceed in forma pauperis the following day. The magistrate judge recommended dismissal because the complaint failed to state a claim and appeared frivolous. Mendez did not timely object, and the district judge adopted the recommendation and closed the case.