PEEPLES v. TARGET CORPORATION
ORDER THAT THE 1 LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. § 1915. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED IN PART WITH PREJUDICE AND DISMISSED IN PART WITHOUT PREJUDICE PURSUANT TO 28 U.S.C. § 1915(E)(2)(B)(II) FOR THE REASONS STATED IN THE COURTS MEMORANDUM AS FOLLOWS: THE CLAIMS BROUGHT PURSUANT TO THE FEDERAL TRADE COMMISSION ACT ARE DISMISSED WITH PREJUDICE. THE CLAIMS BROUGHT PURSUANT TO THE FAIR CREDIT REPORTING ACT ARE DISMISSED WIT HOUT PREJUDICE. PEEPLES MAY FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER AS TO ANY CLAIMS DISMISSED WITHOUT PREJUDICE. THE CLERK OF COURT IS DIRECTED TO SEND PEEPLES A BLANK COPY OF THIS COURTS CURRENT STANDARD FORM TO BE USED BY A SELF-REPRESENTED LITIGANT FILING A CIVIL ACTION BEARING THE ABOVE-CAPTIONED CIVIL ACTION NUMBER. PEEPLES MAY USE THIS FORM TO FILE HER AMENDED COMPLAINT IF SHE CHOOSES TO DO SO. IF PEEPLES DOES NOT WISH TO AMEND HER COMPLAINT AND INSTEAD INTENDS TO STAND ON HER COMPLAINT AS ORIGINALLY PLED, SHE MAY FILE A NOTICE WITH THE COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER STATING THAT INTENT, AT WHICH TIME THE COURT WILL ISSUE A FINAL ORDER DISMISSING THE CASE. ETC. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 1/17/23. 1/18/23 ENTERED AND COPIES E-MAILED. (va)
Case 2:22-cv-04642-JS Document 8 Filed 01/17/23 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION NO. 22-CV-4642
AND NOW, this 17th day of January, 2023, upon consideration of Plaintiff Jackie
Peeples’s Motion to Proceed In Forma Pauperis (ECF No. 1), and Complaint (ECF No. 2) it is
Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.
The Complaint is DEEMED filed.
The Complaint is DISMISSED IN PART WITH PREJUDICE and
DISMISSED IN PART WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)
for the reasons stated in the Court’s Memorandum as follows:
The claims brought pursuant to the Federal Trade Commission Act are
DISMISSED WITH PREJUDICE.
The claims brought pursuant to the Fair Credit Reporting Act are
DISMISSED WITHOUT PREJUDICE.
Peeples may file an amended complaint within thirty (30) days of the date of this
Order as to any claims dismissed without prejudice. Any amended complaint must identify all
defendants in the caption of the amended complaint in addition to identifying them in the body of
the amended complaint and shall state the basis for Peeples’s claims against each defendant. The
amended complaint shall be a complete document that does not rely on the initial Complaint or
Case 2:22-cv-04642-JS Document 8 Filed 01/17/23 Page 2 of 3
other papers filed in this case to state a claim. When drafting her amended complaint, Peeples
should be mindful of the Court’s reasons for dismissing the claims in her initial Complaint as
explained in the Court’s Memorandum. Upon the filing of an amended complaint, the Clerk
shall not make service until so ORDERED by the Court.
The Clerk of Court is DIRECTED to send Peeples a blank copy of this
Court’s current standard form to be used by a self-represented litigant filing a civil action bearing
the above-captioned civil action number. Peeples may use this form to file her amended
complaint if she chooses to do so.1
If Peeples does not wish to amend her Complaint and instead intends to stand on
her Complaint as originally pled, she may file a notice with the Court within thirty (30) days of
the date of this Order stating that intent, at which time the Court will issue a final order
dismissing the case. Any such notice should be titled “Notice to Stand on Complaint,” and shall
include the civil action number for this case. See Weber v. McGrogan, 939 F.3d 232 (3d Cir.
2019) (“If the plaintiff does not desire to amend, he may file an appropriate notice with the
district court asserting his intent to stand on the complaint, at which time an order to dismiss the
action would be appropriate.” (quoting Borelli v. City of Reading, 532 F.2d 950, 951 n.1 (3d Cir.
1976))); In re Westinghouse Sec. Litig., 90 F.3d 696, 703–04 (3d Cir. 1996) (holding “that the
district court did not abuse its discretion when it dismissed with prejudice the otherwise viable
claims . . . following plaintiffs’ decision not to replead those claims” when the district court
“expressly warned plaintiffs that failure to replead the remaining claims . . . would result in the
dismissal of those claims”).
This form is available on the Court’s website at
Case 2:22-cv-04642-JS Document 8 Filed 01/17/23 Page 3 of 3
7. If Peeples fails to file any response to this Order, the Court will conclude that Peeples
intends to stand on her Complaint and will issue a final order dismissing this case.2 See Weber,
939 F.3d at 239-40 (explaining that a plaintiff’s intent to stand on his complaint may be inferred
from inaction after issuance of an order directing him to take action to cure a defective
BY THE COURT:
/s/ Juan R. Sánchez
Juan R. Sánchez, C.J.
The six-factor test announced in Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863 (3d
Cir. 1984), is inapplicable to dismissal orders based on a plaintiff’s intention to stand on her
complaint. See Weber, 939 F.3d at 241 & n.11 (treating the “stand on the complaint” doctrine as
distinct from dismissals under Federal Rule of Civil Procedure 41(b) for failure to comply with a
court order, which require assessment of the Poulis factors); see also Elansari v. Altria, 799 F.
App’x 107, 108 n.1 (3d Cir. 2020) (per curiam). Indeed, an analysis under Poulis is not required
when a plaintiff willfully abandons the case or makes adjudication impossible, as would be the
case when a plaintiff opts not to amend her complaint, leaving the case without an operative
pleading. See Dickens v. Danberg, 700 F. App’x 116, 118 (3d Cir. 2017) (per curiam) (“Where a
plaintiff’s conduct clearly indicates that he willfully intends to abandon the case, or where the
plaintiff's behavior is so contumacious as to make adjudication of the case impossible, a
balancing of the Poulis factors is not necessary.”); Baker v. Accounts Receivables Mgmt., Inc.,
292 F.R.D. 171, 175 (D.N.J. 2013) (“[T]he Court need not engage in an analysis of the
six Poulis factors in cases where a party willfully abandons her case or otherwise makes
adjudication of the matter impossible.” (citing cases)).
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