SKINNER v. ANDOVER TRUCK CO et al

Filing 2

MEMORANDUM and ORDER granting 1 Motion for Leave to Proceed in forma pauperis and DISMISSING plaintiff's complaint as frivolous. Signed by Chief Judge Gary L. Lancaster on 5/25/11. (map)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

BECKLEY SKINNER,

aintiff,
Civil Action No. 11-0668

v.

ANDOVER TRUCK CO and
PIONEER CREDIT CO,
Defendants.
MEMORANDUM
,...­

Gary L. Lancaster,
Chief Judge.

May

li,

Before the court are plaintiff's motion for
proceed in forma pauperis and
For

1J •
leave

to

the

reasons

proceed in

set

s

forth

forma

ro se complaint.
below,

pauperis

plainti

will

be

's

2011

leave to
[Doc.

No.

motion

for

granted,

and

his

complaint will be dismissed as frivolous.
Plaintiff, Beckley Skinner, appears to allege that his
name was forged on a promissory note for student loans to attend
the

Andover

Tractor

paid back the

Trailer

School

in

1989.

Plainti

loan in question and now the U. S.

Department of

Education is applying a portion of plaintiff's social
payments

toward

the

outstanding

debt.

never

secur

Plaintiff's

unintelligible complaint appears to request that the court find
that

the

promissory

extinguished.

note

is

invalid

and

that

the

debt

is

I. Motion for Leave to Proceed In Forma
We

first

address

plaintiff's

ris
motion

r

leave

to

proceed in forma
Congress has authorized the

ral courts to allow a

party to proceed with the commencement,
of an action in forma pauperis.
so,

Congress

who are unab

recogni

prosecution,

28 U.S.C.

§

or defense

1915 (a).

In doing

the public policy concern that

rsons

to pay fees or give security should be permitted

to prosecute or defend actions that affect their legal
Because

it

appears

that

p

intiff

is

unable

associated with commencing this action,

to

pay

rights.

the

costs

we will grant him leave

to proceed in forma
laint

II.

Next, we turn to plaintiff's
In enacting section 1915,
an

extra

measure

pauperis action.

of

authority

relief may be granted.
so finds,
the

when

or

Id. at

complaint.

Congress granted the courts

Under that section,

if the action is frivolous,

~ ~e

evaluating

issues.

in

forma

the court shall determine

ils to state a claim on which
§§

1915

(e) (2) (b) (i),

the court may dismiss a claim sua sponte,

summons

an

Johnstone v.

148, 150 (E.D. Pa. 1997).

2

United States,

(ii).

If it

even before
980

F.

Supp.

Plaintiff's

complaint

is

unintelligible

and

he

has

failed to set forth any allegations that shed light on the cause
of action he is pursuing.
the

kind

of

relief

he

Plaintiff also has failed to indicate

expects

from

the

court

request that life go back to how it was before.
no jurisdiction over this action as alleged,
to

provide

the

proceeds
to

set

se,
forth

relief

plaintiff

seeks.

other

than

his

The court has

and we are unable
Although

plaintiff

this does not excuse him from the requirement

non-frivolous

allegations

and

state

a

claim

on

which relief may be granted.
Based

on

the

foregoing,

we

complaint as frivolous.
An appropriate order follows.

3

will

dismiss

plaintiff's

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

BECKLEY SKINNER,

Plaintiff,
Civil Action No. 11-0668
v.

ANDOVER TRUCK CO and
PIONEER CREDIT CO,
Defendant.

ORDER
AND NOW,
ORDERED that

this

2.5"' "'day

plaintiff's motion

for

of

May,

leave

2011,

IT

IS

to proceed

HEREBY

in

forma

pauperis is GRANTED.
IT

IS

FURTHER ORDERED,

that plaintiff's

complaint

DISMISSED as frivolous.

BY THE COURT:

4--------------------------- ,
cc: Beckley Skinner
2121 Centre Avenue
Pittsburgh, PA 15219

C. J.

is