DUGLAS v. KAMPER
MEMORANDUM AND ORDER THAT PLAINTIFF LOLITA DUGLAS MOTION TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DISMISSED WITH PREJUDICE; ETC.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/30/17. 9/1/17 ENTERED AND MAILED TO PRO SE.(jl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Plaintiff Lolita Duglas filed a motion to proceed in forma pauperis and a complaint
against Fred Kamper. According to the complaint Ms. Duglas lost contact with Mr. Kamper
because she lost his telephone number. She filed this lawsuit because she would like to
reconnect with Mr. Kamper and apparently seeks the Court's assistance to do so.
Ms. Duglas's motion to proceed informa pauperis is granted because it appears that she
is incapable of paying the fees to commence this civil action.
However, 28 U.S.C. § 1915(e)(2)(B)(i) and (ii) require the Court to dismiss the complaint
if it is frivolous or fails to state a claim. A complaint is frivolous if it "lacks an arguable basis
either in law or in fact," Neitzke v. Williams, 490 U.S. 319, 325 (1989), and is legally baseless if
it is "based on an indisputably meritless legal theory." Deutsch v. United States, 67 F.3d 1080,
1085 (3d Cir. 1995). To survive dismissal for failure to state a claim, the complaint must contain
"sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face."
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quotations omitted). "[M]ere conclusory
statements do not suffice." Id.
Ms. Duglas is proceeding prose, and for that reason the Court construes her allegations
liberally. Higgs v. Att'y Gen., 655 F.3d 333, 339 (3d Cir. 2011). Nothing alleged or remotely
feasible from the allegations in Ms. Duglas's complaint gives rise to a claim under federal or
state law. Accordingly, there is no legal basis for her lawsuit. The Court will therefore dismiss
the complaint with prejudice because amendment would be futile. If Ms. Duglas would like to
reconnect with Mr. Kamper, she should pursue ways to find him that do not involve filing a
lawsuit. An appropriate order follows, which shall be docketed separately.
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