cert. denied 400 U.S. 847 (1970)
How later courts described this case
- cert. denied 400 U.S. 847 (1970)
- citing, inter alia, Brown v. Schneckloth, 421 F.2d 1402, 1403 (9th Cir. 1970) (cert. denied 400 U.S. 847 (1970)) (rejecting the premise that dismissal under § 1915 is improper unless effected prior to service of the complaint upon one or more defendants
- affirming sua sponte dismissal of a non-prisoner IFP complaint as frivolous and failing to state a claim for relief under § 1915(e)(2)(B)(i) and (ii)
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
CANDELLA MONIQUE LEDET CASE NO. 6:23-CV-00276
VERSUS JUDGE ROBERT R. SUMMERHAYS
U S WESTERN DISTRICT COURT OF MAGISTRATE JUDGE DAVID J. AYO
TEXAS ET AL
ORDER
Plaintiff requested and was granted leave to proceed in forma pauperis
(“IFP”) in this suit. (Rec. Docs. 4, 5). Consequently, Plaintiff’s complaint is subject
to preliminary review pursuant to 28 U.S.C. §1915, which requires the Court to
review IFP complaints to determine whether such complaints are frivolous or
malicious; fail to state a claim upon which relief may be granted by the Court; or
seek monetary relief against a defendant who is immune from such relief. 28 U.S.C.
§1915(e)(2)(B).
Section 1915(e)(2)(B) applies to prisoner and non-prisoner IFP complaints.
Newsome v. Equal Employment Opportunity Commission, 301 F.3d 227, 231-33 (5th
Cir. 2002) (affirming sua sponte dismissal of a non-prisoner IFP complaint as
frivolous and failing to state a claim for relief under § 1915(e)(2)(B)(i) and (ii)).
Further, the Court may conduct its review under § 1915(e)(2)(B) before or after
service is made upon any defendant. Green v. McKaskle, 788 F.2d 1116, 1119 (5th
Cir. 1986) (citing, inter alia, Brown v. Schneckloth, 421 F.2d 1402, 1403 (9th Cir.
1970) (cert. denied 400 U.S. 847 (1970)) (rejecting the premise that dismissal under
§ 1915 is improper unless effected prior to service of the complaint upon one or
more defendants).
Considering the foregoing, it 1s hereby
ORDERED that no summons shall issue or be served by the Court until a
preliminary review under 28 U.S.C. §1915 is completed. If, after such review, this
Court finds that Plaintiffs complaint is not subject to dismissal, issuance of
summons and service will be ordered.
THUS DONE AND SIGNED this 14th day of June, 2023 at Lafayette, Louisiana.
loa
UNITED STATES MAGISTRATE JUDGE