Hailey Davis v. Judy Kim

Davis · United States District Court for the Northern District of Oklahoma · January 12, 2026 · No. 26-CV-00013-SEH-SH

Summary

The United States District Court for the Northern District of Oklahoma grants Hailey Davis’s motion to proceed in forma pauperis but dismisses the complaint without prejudice under 28 U.S.C. § 1915(e). The court concludes that the complaint contains only conclusory allegations, fails to state a claim, and cannot be cured by amendment.

Holdings

  1. The motion to proceed in forma pauperis was granted based on the representations and information provided by the plaintiff.
  2. The complaint failed to state a claim upon which relief could be granted because it contained only conclusory allegations and no factual allegations supporting a recognized legal claim.
  3. The complaint was dismissed without prejudice because amendment would be futile.

Questions Presented

  1. Whether the plaintiff's motion to proceed in forma pauperis should be granted.
  2. Whether the complaint stated a plausible claim for relief under the screening standard in 28 U.S.C. § 1915(e)(2)(B)(ii).
  3. Whether amendment should be permitted or would be futile.

Disposition

dismissed

Cases Cited (7)

  • Lister v. Dep’t of Treasury, 408 F.3d 1309, 1311 (10th Cir. 2005)(followed)
  • Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991)(followed)
  • Kay v. Bemis, 500 F.3d 1214, 1217 (10th Cir. 2007)(followed)
  • Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 570 (2007)(followed)
  • Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
  • Bryson v. City of Edmond, 905 F.2d 1386, 1390 (10th Cir. 1990)(followed)
  • Whitney v. New Mexico, 113 F.3d 1170, 1175 (10th Cir. 1997)(followed)

Cited In (0)

No citing cases on record yet.

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