Summary
The United States District Court for the Southern District of Illinois granted Edward Kindle’s application to proceed in forma pauperis. The court found that Kindle’s complaint was too vague to permit the defendants to reasonably respond and ordered him to file an amended complaint providing more definite factual allegations and claims. The court also directed the Clerk to correct a defendant’s surname on the docket and set a June 12, 2026 deadline for amendment.
Holdings
- Kindle demonstrated that he was unable to pay the filing fee, and because the record did not indicate that the action was clearly frivolous or malicious, his application to proceed without prepaying fees or costs was granted.
- The complaint did not provide enough factual detail or context to state a plausible claim under Rule 8(a) or to permit defendants to reasonably frame a response under Rule 12(e).
- Kindle was ordered to file an amended complaint providing a more thorough factual recitation and sufficient context to explain what Eisert and Stephen allegedly did; he could also name additional defendants if he sought relief based on their conduct.
Questions Presented
- Whether Kindle demonstrated that he was unable to pay the filing fee and that the action was not clearly frivolous or malicious, thereby qualifying to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1).
- Whether the complaint was so vague and ambiguous that the defendants could not reasonably be required to frame a response under Federal Rule of Civil Procedure 12(e), and whether it satisfied Rule 8(a)'s requirement of a short and plain statement showing entitlement to relief.
- Whether the court should require Kindle to file an amended complaint providing more definite facts and claims.
Disposition
other
Cases Cited (6)
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948)(followed)
- Neitzke v. Williams, 490 U.S. 319, 325 (1989)(followed)
- Corgain v. Miller, 708 F.2d 1241, 1247 (7th Cir. 1983)(followed)
- Alexander v. United States, 721 F.3d 418, 421 (7th Cir. 2013)(followed)
- Swanson v. Citibank, N.A., 614 F.3d 400, 403-04 (7th Cir. 2010)(followed)
- Mitchell v. Elec. Beach Tanning Salon Ltd., No. 18 C 7475, 2019 WL 1077127, at *2 (N.D. Ill. Mar. 7, 2019)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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