DUGLAS v. KAMPER

Filing 2

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE GENE E.K. PRATTER ON 9/25/2017. 9/25/2017 ENTERED AND COPIES MAILED TO PRO SE.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LOLITA DUGLAS

CIVIL ACTION

v.
FRED KAMPER

NO. 17-4173
MEMORANDUM

PRATTER,J.
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 and
would like to reconnect with him. This is the third complaint that Ms. Duglas has filed in this
Court in less than two months in which she seeks the Court's assistance in finding Mr. Kamper.
See Duglas v. Kamper, E.D. Pa. Civ. A. No. 17-3850; Duglas v. Kamper, E.D. Pa. Civ. A. No.
3438.
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.

1

The Court has already explained to Ms. Duglas that her desire to reconnect with Mr.
Kamper does not provide a basis for a legal claim or a lawsuit. Indeed, there does not appear to
be any legal dispute at issue here that the Court is capable of resolving. If Ms. Duglas would like
to reconnect with Mr. Kamper, she must pursue ways to find him that do not involve filing a
lawsuit. This Court cannot help her find Mr. Kamper. If Ms. Duglas continues to file
complaints in this Court seeking to reconnect with Mr. Kamper despite having been repeatedly
informed that those complaints are legally baseless, the Court will prevent her from filing in the
future.
As there is no legal basis for a claim in this case, the Court will dismiss the complaint
with prejudice because amendment would be futile. An appropriate order follows, which shall
be docketed separately.

BY THE COURT:

2