Brown-Younger v. State Of Nevada et al

Filing 21

ORDER Granting 1 Motion/Application for Leave to Proceed in forma pauperis. Clerk shall file the complaint; The Complaint is dismissed without prejudice. Amended Complaint deadline: 7/7/2011. Signed by Magistrate Judge Lawrence R. Leavitt on 6/7/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KIRSHA BROWN-YOUNGER,

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Plaintiff,

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v.

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DEPARTMENT OF WELFARE,

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Defendant.

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2:11-cv-00505-GMN-LRL
ORDER

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Plaintiff has submitted an Application to Proceed In Forma Pauperis and a Complaint (#1). The

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court finds that plaintiff is unable to prepay the filing fee. Further, although the court will dismiss the

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Complaint, it will do so without prejudice to allow plaintiff to cure the deficiencies listed below.

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I.

In Forma Pauperis Application

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Plaintiff has submitted the affidavit required by 28 U.S.C. § 1915(a) showing that she is unable

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to prepay fees and costs or give security for them. Accordingly, her request to proceed in forma

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pauperis will be granted pursuant to § 1915(a).

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II.

Screening the Complaint

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Upon granting a request to proceed in forma pauperis, a court must additionally screen a

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complaint pursuant to § 1915(e). Specifically, federal courts are given the authority to dismiss a case

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if the action is legally “frivolous or malicious,” fails to state a claim upon which relief may be granted,

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or seeks monetary relief from a defendant who is immune from such relief. § 1915(e)(2). “To survive

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a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim

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to relief that is plausible on its face.” Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) (internal quotations and

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citation omitted).

In considering whether the plaintiff has stated a claim upon which relief can be granted, all

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material allegations in the complaint are accepted as true and are to be construed in the light most

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favorable to the plaintiff. Russel v. Landrieu, 621 f.2d 1037, 1039 (9th Cir. 1980). Allegations of a pro

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se complaint are held to less stringent standards than formal pleading drafted by lawyers. Haines v.

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Kerner, 404 U.S. 519, 520 (1972) (per curiam). When a court dismisses a complaint under § 1915(e),

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the plaintiff should be given leave to amend the complaint with directions as to curing its deficiencies,

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unless it is clear from the face of the complaint that the deficiencies could not be cured by amendment.

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See Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995) (citation omitted).

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III.

Instant Complaint

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Plaintiff has filed a Complaint against the “Department of Welfare” using the court’s form to

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file § 1983 actions. She seeks relief in the amount of $25,000. However, she sets forth no causes of

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action in the Complaint and therefore asserts no civil rights violations. As the “Nature of the Case,” she

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writes that she received a visit from two investigators from the Department of Welfare, State of Nevada,

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but that she was not notified of the visits by mail or phone. She further alleges, “these people accused

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me of fraud food stamp because I am on social security.” Complaint (#1-1) at 3. Plaintiff’s

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dissatisfaction with the investigators’ un-noticed visit and their alleged accusations do not amount to

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a civil rights violation. Additionally, plaintiff does not provide the names of any defendants where

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required on the court’s complaint form (“A. Jurisdiction”). Hence, her Complaint must be dismissed

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for failure to state a claim upon which relief may be granted. Plaintiff will, however, be afforded an

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opportunity to amend the Complaint.

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Accordingly, and for good cause shown,

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IT IS ORDERED that plaintiff’s Application to Proceed In Forma Pauperis (#1) is GRANTED.

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IT IS FURTHER ORDERED that plaintiff is permitted to maintain the action to conclusion

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without necessity of prepayment of any additional fees, costs, or security. This Order granting forma

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pauperis status shall not extend to the issuance of subpoenas at government expense.

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IT IS FURTHER ORDERED that the Clerk of Court shall file the complaint.
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IT IS FURTHER ORDERED that the Complaint will be dismissed without prejudice.

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IT IS FURTHER ORDERED that plaintiff shall file an amended complaint by July 7, 2011 or

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her case will be dismissed with prejudice.
DATED this 7th day of June, 2011.

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LAWRENCE R. LEAVITT
UNITED STATES MAGISTRATE JUDGE

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