Dunlap v. Lamb
Filing
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OPINION, MEMORANDUM AND ORDER--IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. # 2 ] is GRANTED. FURTHER ORDERED that this action is dismissed under 28 U.S.C. § 1915(e) as legally frivolous.An separate Order of Dismissal will be filed contemporaneously. Signed by District Judge Henry E. Autrey on 09/17/2013. (CLK)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BRIAN M. DUNLAP,
Plaintiff,
v.
RHONDA F. LAMB,
Defendant.
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No. 4:13CV1818 TCM
OPINION, MEMORANDUM AND ORDER
This matter is before the Court upon the motion of plaintiff for leave to
commence this action without prepayment of the filing fee pursuant to 28 U.S.C.
§ 1915. Upon consideration of the financial information provided with the motion,
the Court finds that plaintiff is financially unable to pay any portion of the filing fee.
Additionally, the Court has reviewed the complaint and will dismiss it pursuant to 28
U.S.C. § 1915(e)(2)(B).
Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court must dismiss a complaint
filed in forma pauperis if the action is frivolous, malicious, fails to state a claim upon
which relief can be granted, or seeks monetary relief from a defendant who is immune
from such relief. An action is frivolous if it “lacks an arguable basis in either law or
fact.” Neitzke v. Williams, 490 U.S. 319, 328 (1989); Denton v. Hernandez, 504 U.S.
25, 31 (1992). An action is malicious if it is undertaken for the purpose of harassing
the named defendants and not for the purpose of vindicating a cognizable right.
Spencer v. Rhodes, 656 F. Supp. 458, 461-63 (E.D.N.C. 1987), aff’d 826 F.2d 1059
(4th Cir. 1987). A complaint fails to state a claim if it does not plead “enough facts
to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly,
550 U.S. 544, 570 (2007).
The complaint is gibberish. There are no articulate allegations that state a
federal cause of action. Moreover, the Court cannot envision any amendment to the
complaint that would cause it to state a plausible claim. As a result, the Court will
dismiss this action as legally frivolous.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis [Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that this action is dismissed under 28 U.S.C.
§ 1915(e) as legally frivolous.
An separate Order of Dismissal will be filed contemporaneously.
Dated this 17th day of September, 2013.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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