Stephens v. United States Corp., et al.

Summary

The United States District Court for the Southern District of California granted Timothy Stephens’s motion to proceed in forma pauperis. After screening the complaint under 28 U.S.C. § 1915(e)(2)(B), the court dismissed it without prejudice and granted leave to amend because the allegations did not state a claim and the requested relief likely exceeded the court’s jurisdiction.

Holdings

1. A plaintiff whose disability income hardly exceeds monthly expenses may proceed without prepaying the court-filing fee; complete destitution is not required.
2. The complaint was dismissed because its conclusory allegations did not state a claim under 28 U.S.C. § 1915(e)(2)(B).
3. The requested remedy of televised military tribunals likely exceeded the district court's jurisdiction.

Questions Presented

1. Whether Stephens should be permitted to proceed in forma pauperis based on his financial circumstances.
2. Whether the complaint stated a claim under the mandatory screening standard of 28 U.S.C. § 1915(e)(2)(B).
3. Whether the requested remedy of televised military tribunals was within the district court's jurisdiction.

Disposition

dismissed