Cowan v. San Diego County

Summary

The United States District Court for the Southern District of California grants Latawnya Cowan’s motion to proceed in forma pauperis. The court dismisses her complaint under 28 U.S.C. § 1915(e)(2) for failure to state a plausible claim based on conclusory allegations of disability discrimination and retaliation by San Diego County. The court grants leave to amend within thirty days.

Holdings

1. Cowan qualified to proceed in forma pauperis because her affidavit sufficiently demonstrated that she lacked the financial resources to pay the filing fee.
2. The complaint failed to state a claim because it did not identify a cause of action or allege facts plausibly establishing the elements of a claim.
3. The complaint was dismissed with leave to amend, and Cowan was required to file a complete amended complaint within thirty days.

Questions Presented

1. Whether Cowan qualified to proceed in forma pauperis under 28 U.S.C. § 1915(a).
2. Whether the complaint stated a plausible claim for relief sufficient to survive mandatory screening under 28 U.S.C. § 1915(e)(2)(B).
3. Whether Cowan should be granted leave to amend after dismissal for failure to state a claim.

Disposition

dismissed