Kevin Birdo, individually and on behalf of K.B. v. Micheala Smith, J.S., Eric Collins, and Dennis Johnson, Sr.

Summary

The United States District Court for the Southern District of Illinois denied Kevin Birdo’s motion to proceed in forma pauperis and dismissed his action without prejudice. The court concluded that Birdo failed to provide an affidavit of indigency or amend his complaint to state a plausible claim under the Equal Protection Clause or the Trafficking Victims Protection Reauthorization Act.

Holdings

1. Plaintiff was not entitled to proceed in forma pauperis because he failed to submit an affidavit supporting his alleged indigency.
2. The action failed to state a claim because plaintiff did not file an amended complaint containing sufficient facts to make a violation of the Equal Protection Clause or the Trafficking Victims Protection Reauthorization Act plausible.
3. The case was properly dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii), and the Clerk was directed to enter judgment.

Questions Presented

1. Whether plaintiff established indigency sufficient to proceed in forma pauperis.
2. Whether the action stated a plausible claim for relief under the applicable screening standard.
3. Whether the action should be dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) after plaintiff failed to file the required affidavit and amended complaint.

Disposition

dismissed