Collis v. Epis et al

Filing 31

MEMORANDUM DECISION AND ORDER - NOW THEREFORE IT IS HEREBY ORDERED, that the Initial Review Order (docket no. #27 ) is hereby ADOPTED as the decision of this Court. IT IS FURTHER ORDERED, that the following motions are DENIED: docket numbers #8 , #10 , #11 , #16 , #18 , #19 , #21 , #25 , #26 , #28 & #29 . IT IS FURTHER ORDERED, that the motion to seal medical records (docket no. #4 ) is GRANTED, and the Clerk is directed to seal the motion (docket no. 4) and all supporting material filed with that motion at docket no. #4 . IT IS FURTHER ORDERED, that this action be dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(i-iii). IT IS FURTHER ORDERED, that the Clerk close this case.Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
COLT ESMOND COLLIS,
Plaintiff,
v.

Case No. 4:16-CV-483-BLW
MEMORANDUM DECISION
AND ORDER

JUDGE DAVID EPIS, et. al.
Defendants.

INTRODUCTION
The Court has before it plaintiff’s application to proceed without payment of fees.
For the reasons explained below, the Court will deny the application and dismiss this
case.
ANALYSIS
The Court is required to screen complaints brought by litigants who seek in forma
pauperis status. See 28 U.S.C. § 1915(e)(2). Plaintiff’s Complaint, or a portion thereof,
will be dismissed if it: (1) is frivolous or malicious; (2) fails to state a claim upon which
relief can be granted; or (3) seeks monetary relief from a defendant who is immune from
such relief. See 28 U.S.C. § 1915(e)(2)(B)(i-iii). To state a claim upon which relief can
be granted, plaintiff’s Complaint must include facts sufficient to show a plausible claim
for relief. See Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009). During this initial
Memorandum Decision & Order - 1

review, courts generally construe pro se pleadings liberally, giving pro se plaintiffs the
benefit of any doubt. See Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000).
Additionally, if amending the complaint would remedy the deficiencies, plaintiffs should
be notified and provided an opportunity to amend. See Jackson v. Carey, 353 F.3d 750,
758 (9th Cir. 2003).
In this case, plaintiff complains about his conviction for riding his bicycle four
feet away from the curb. Plaintiff filed an identical case in 2016, and that case was
dismissed as frivolous and for failing to state a claim. See Collis v. State of Idaho, Case
No. 1:16-cv-00121-CWD (D. Idaho 2016). On appeal, the Ninth Circuit also found the
action frivolous and ordered it dismissed. See Collis v. State of Idaho, Case No.
16-35389 (9th Cir. July 19, 2016).
This lawsuit is equally frivolous. Magistrate Judge Bush conducted a thorough
review, and in a well-written decision recommended that the action be dismissed. See
Initial Review Order (Dkt. No. 27). The Court adopts that decision as its own.
Plaintiff’s attempts to amend the complaint do not change the frivolous nature of this
lawsuit. Indeed, no conceivable amendment could save this action from being frivolous,
and the Court will therefore order that it be dismissed. The Court will however, order
sealed material filed by the plaintiff in his Motion (docket no. 4) because those materials
contain medical records of the plaintiff.
ORDER

Memorandum Decision & Order - 2

In accordance with the Memorandum Decision set forth above,
NOW THEREFORE IT IS HEREBY ORDERED, that the Initial Review Order
(docket no. 27) is hereby ADOPTED as the decision of this Court.
IT IS FURTHER ORDERED, that the following motions are DENIED: docket
numbers 8, 10, 11, 16, 18, 19, 21, 25, 26, 28 & 29.
IT IS FURTHER ORDERED, that the motion to seal medical records (docket no.
4) is GRANTED, and the Clerk is directed to seal the motion (docket no. 4) and all
supporting material filed with that motion at docket no. 4.
IT IS FURTHER ORDERED, that this action be dismissed pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(i-iii).
IT IS FURTHER ORDERED, that the Clerk close this case.

DATED: September 28, 2017

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

Memorandum Decision & Order - 3