Stanton v. Nettleton School District et al

Filing 4

ORDER directing the Clerk of Court to change the docket to reflect that Stanton brings this action on behalf of "JDS, a Minor" and to redact the complaint accordingly. The document attached to the complaint should be filed under seal. The m otion for leave to proceed in forma pauperis, 1 , is granted. Stanton is directed to provide an amended complaint within thirty days from the entry of this Order that states as thoroughly and specifically the facts that she contends show that the de fendants acted illegally, and she must identify what each defendant did that renders that defendant liable to her or to her minor child. If she fails to do so, this action may be dismissed without prejudice for failure to prosecute. Signed by Judge J. Leon Holmes on 7/25/2016. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION REVA MARQUE STANTON, on behalf of JEREMY DEVON STANTON v. PLAINTIFF No. 3:16CV00179 JLH NETTLETON SCHOOL DISTRICT; and BRIAN CARTER, Principal, Nettleton High School DEFENDANTS ORDER Reva Marque Stanton has filed a complaint on behalf of her minor son and has also filed a motion for leave to proceed in forma pauperis. The Court directs the Clerk of Court to change the docket to reflect that Stanton brings this action on behalf of “JDS, a Minor,” and to redact the complaint accordingly. The documents attached to the complaint should be filed under seal. Based on the information provided in the motion for leave to proceed in forma pauperis, that motion is GRANTED. Document #1. Stanton will be permitted to proceed without prepayment of any fees. However, this case is not ready for service of process at this time. Although Stanton is proceeding pro se, this Court must screen her complaint pursuant to 28 U.S.C. § 1915A and dismiss the complaint if the action is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. Stanton’s complaint incorporates by reference documents pertaining to the requirements of special education under federal and state law, but neither the complaint nor the documents attached explain any facts that Stanton contends constitute unlawful action on the part of the defendants. Therefore, Stanton must provide an amended complaint within thirty (30) days from the entry of this Order and must in that amended complaint state as thoroughly and specifically as she can the facts that she contends show that the defendants acted illegally, and she must identify what each defendant did that renders that defendant liable to her or to her minor child. She must file the amended complaint within thirty (30) days from the date that this Order is entered. If she fails to do so, this action may be dismissed without prejudice for failure to prosecute. IT IS SO ORDERED this 25th day of July, 2016. __________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE 2

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