United States District Court, D. Idaho
MEMORANDUM DECISION AND ORDER
C. Nye Chief U.S. District Court Judge
before the Court is Plaintiff Andrea
Spreadbury's Complaint (Dkt. 2) and Application for
Leave to Proceed in Forma Pauperis (Dkt. 1). Pursuant to 28
U.S.C. §1915, the Court must review Spreadbury's
request to determine whether she is entitled to proceed in
forma pauperis-which permits civil litigants to proceed
without prepayment of the filing fee or to pay the filing fee
over time. Rice v. City of Boise City, No.
1:13-CV-00441-CWD, 2013 WL 6385657, at *1 (D. Idaho Dec. 6,
2013). The Court must also undertake an initial review of
Spreadbury's Complaint to ensure it meets the minimum
reasons explained below, the Court will GRANT
Spreadbury's application to proceed in forma pauperis.
After review of the Complaint, however, the Court must
DISMISS the case WITHOUT PREJUDICE. The Court will allow
Spreadbury an opportunity to amend her Complaint.
APPLICATION TO PROCEED IN FORMA PAUPERIS
court of the United States may authorize the commencement,
prosecution or defense of any suit, action or proceeding,
civil or criminal, . . . without prepayment of fees or
security therefor.” 28 U.S.C. § 1915(a)(1). In
order to qualify for in forma pauperis status, a plaintiff
must submit an affidavit that includes a statement of all
assets he possesses and indicates that he is unable to pay
the fee required. The affidavit is sufficient if it states
that the plaintiff, because of his poverty, cannot “pay
or give security for the costs” and still be able to
provide for himself and dependents “with necessities of
life.” Adkins v. E.I. DuPont de Numours &
Co., 335 U.S. 331, 339 (1948). The affidavit must
“state the facts as to affiant's poverty with some
particularity, definiteness and certainty.” United
States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981)
(internal quotation marks omitted).
Court has examined Spreadbury's application to proceed in
forma pauperis and finds it establishes her indigence. To
begin, Spreadbury swears or affirms under penalty of perjury
that she is unable to pay the filing fee at the time of
filing as a result of her poverty. Dkt. 1. Spreadbury's
indicates her only source of income is from disability, her
only asset a checking account containing $73.00, and her
expenses for the basic necessities of food, shelter, and
clothing nearly equates to her limited income. Id.
Thus, Spreadbury qualifies for in forma pauperis status and
her application is GRANTED. Spreadbury need not pay the
filing fee in order to proceed.
be explained in the next section, though, the Court must
dismiss this case for the time being due to Spreadbury's
inadequate allegations. The Court next turns to its initial
review of Spreadbury's Complaint.
SUFFICIENCY OF COMPLAINT
Court is required to screen complaints that are brought by
litigants who seek in forma pauperis status. See 28
U.S.C. § 1915(e)(2). The Court must dismiss a
plaintiff's complaint, or any portion thereof, if it: (1)
is frivolous or malicious; (2) fails to state a claim upon
which relief can be granted; or (3) seeks monetary relief
from a defendant who is immune from such relief. See
28 U.S.C. § 1915(e)(2)(B)(i-iii). To state a claim upon
which relief can be granted, a plaintiff's complaint must
include facts sufficient to show a plausible claim for
relief. See Ashcroft v. Iqbal, 556 U.S. 662, 677-78
this initial review, courts generally construe pro se
pleadings liberally, giving pro se plaintiffs the benefit of
any doubt. See Resnick v. Hayes, 213 F.3d 443, 447
(9th Cir. 2000). Even so, plaintiffs-whether represented or
not-have the burden of articulating their claims clearly and
alleging facts sufficient to support review of each claim.
Pena v. Gardner, 976 F.2d 469, 471 (9th Cir. 1992).
Additionally, if amending the complaint would remedy the
deficiencies, plaintiffs should be notified and provided an
opportunity to amend. See Jackson v. Carey, 353 F.3d
750, 758 (9th Cir. 2003).
the Complaint fails to state a claim upon which relief can be
granted. In fact, it makes no allegations whatsoever.
Spreadbury names herself and the defendant but provides no
other information. The cover sheet for her Complaint gives a
bit more information by indicating she is suing under
“1983” for “violation of 8th and 11th
Amendments, ” which the Court construes as a civil
rights violation pursuant to 42 U.S.C. § 1983.
of her pleadings, Spreadbury included some information in a
letter she filed shortly after she filed her Complaint. Dkt.
4. In this letter, Spreadbury indicates the proper spelling
of her last name and states that she was improperly
incarcerated at St. Alphonsus Medical Hospital. This
information is a step in the right direction, but still falls
woefully short of making a plausible claim for relief.
Further, this information-and much more- must be included in
a complaint, not in a letter.
the Court must dismiss a complaint if there are no facts
alleged in the Complaint for the Court to review.
Spreadbury's Complaint contains no claims ...