Summary
The United States District Court for the Western District of Missouri revoked Michael Mayfield’s provisional in forma pauperis status after he failed to file an amended complaint addressing deficiencies identified by the Court. The Court dismissed the case without prejudice under 28 U.S.C. § 1915(e)(2), finding that the complaint was too conclusory and vague to state a claim or identify unlawful conduct by each defendant.
Holdings
- A court may revoke or withdraw in forma pauperis status at any time when the statutory standards for proceeding without prepayment of fees are not met.
- The complaint failed to state a claim because it was too conclusory and vague to identify what illegal action each defendant allegedly took, how that action caused harm, or how the alleged conduct violated Plaintiff's civil rights.
Questions Presented
- Whether the court could revoke Plaintiff's previously granted in forma pauperis status after determining that the complaint did not satisfy the statutory requirements.
- Whether the complaint should be dismissed under 28 U.S.C. § 1915(e)(2)(B) because it was conclusory and failed to state a plausible claim identifying the unlawful actions of each defendant.
Disposition
dismissed
Cases Cited (9)
- Heimermann v. Global Sec. Tr. Co., 132 F.3d 36 (7th Cir. 1997)(followed)
- Oughton v. United States, 310 F.2d 803, 804 (10th Cir. 1962)(followed)
- Martin-Trigona v. Stewart, 691 F.2d 856, 858 (8th Cir. 1982)(followed)
- Williams v. White, 897 F.2d 942, 943 (8th Cir. 1990)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Horras v. American Capital Strategies, Ltd., 729 F.3d 798, 801 (8th Cir. 2013)(followed)
- Green v. White, 616 F.2d 1054, 1055 (8th Cir. 1980)(followed)
- Straeten v. Potosi Corr. Ctr., 2009 WL 4894550, at *4 (W.D. Mo. Dec. 17, 2009)(followed)
- Downey v. United States, 2019 WL 13258141, at *2 (W.D. Mo. July 30, 2019)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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