Opinion

MITCHAM v. P. MABINS

Court
District Court, W.D. Pennsylvania
Filed
Mar 5, 2025
Cited by
0 cases
Authority
More cited than 34.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

CARYN YVONNE MITCHAM, )

Plaintiff, ) C.A. No. 24-323 Erie

v. )

)

P. MABINS, et al., ) District Judge Susan Paradise Baxter

Defendants. )

MEMORANDUM OPINION

Plaintiff Caryn Yvonne Mitcham commenced this proceeding by filing a motion to

proceed in forma pauperis [ECF No. 1] and attaching to it a “complaint” directed against a wide-

ranging assortment of approximately seventy (70) named Defendants [ECF No. 1-2]. The

“complaint” is a thirty-six (36) page handwritten document consisting of various disjointed

words, phrases and run-on sentences that are largely unintelligible. For instance, Plaintiff lists th

following facts underlying her claims:

Psychotherapy gone mad indirect verbal abuse, misdiagnosis of Bipolar

and ADHD holding me on such a low end of it that I never even

performed my entire life on in order for only themselves to establish

control, and this apparent injunctive relief over my head.

(ECF No. 1-2, Section III C). As relief for her “claims,” Plaintiff states:

I would like my rights to privacy back, my drivers license and a

reasonable settlement in the amount of anything greater than $1,091 per

month to remain a guinea pig to the world when I have no mental illness, I

am merely a traumatically stressed and abused human being with a flare

for creativity who has an entire work history and driving record actually

proving it being taken away from me starting from being mentally abused

right out of a workforce I was productive in and responsibly paying my

own bills back in about 2005.

(id., Section V).

l

The United States Court of Appeals for the Third Circuit has instructed the district courts

to utilize a two-step analysis to determine whether to direct service of a complaint where the

plaintiff seeks to proceed in forma pauperis. See Roman v. Jeffes, 904 F.2d 192, 194 n. 1 Gd

Cir.1990). “First, the district court evaluates a litigant's financial status and determines whether

(s)he is eligible to proceed in forma pauperis under § 1915(a). Second, the court assesses the

complaint under [§1915(e)(2)'] to determine whether it is frivolous.” Id. (citing Sinwell v.

Shapp, 536 F.2d 15 (3d Cir.1976)); Schneller v. Abel Home Care, Inc., 389 F. App'x 90, 92 (3d

Cir. 2010). The Court finds that Plaintiff is without sufficient funds to pay the required filing fee.

Thus, Plaintiff will be granted leave to proceed in forma pauperis.

Pursuant to 28 U.S.C. § 1915(e)(2), as amended, “[t]he court shall dismiss the case at any

time if the court determines that ... (B) the action or appeal (i) is frivolous or malicious; (ii) fails

to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant

who is immune from such relief.” A claim is frivolous if it: 1) is based upon an indisputably

meritless legal theory and/or, 2) contains factual contentions that are clearly baseless. Neitzke v.

Williams, 490 U.S. 319, 327 (1989). Whether a complaint fails to state a claim under §1915(e) is

governed by the same standard applicable to motions to dismiss under Federal Rule of Civil

Procedure 12(b)(6), see Tourscher v. McCullough, 184 F.3d 236, 240 (3d Cir. 1999), which

requires the court to determine whether the complaint contains “sufficient factual matter,

accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 USS.

662, 678 (2009) (quotations omitted). However, before dismissing a complaint for failure to state

a claim upon which relief may be granted pursuant to § 1915, a court must grant the plaintiff

! This provision was formerly codified as 28 U.S.C. tno.

leave to amend his complaint, unless the amendment would be inequitable or futile. See

Grayson v. Mayview State Hosp., 293 F.3d 103, 114 (3d Cir. 2002).

Here, a review of Plaintiffs “complaint” reveals that it (1) fails even to identify, much

less properly state, a legal theory upon which relief can be granted and (2) is based upon stream

of consciousness ramblings that are essentially unintelligible or, at best, merely bald and

conclusory allegations of wrongdoing. Moreover, the “complaint” fails to establish any grounds

upon which this Court may exercise either personal jurisdiction over the named Defendants or

subject matter jurisdiction over the “claims” raised by Plaintiff. Having failed to provide any

factual predicate for any cognizable action that may be heard by this Court, Plaintiff's

“complaint” fails to state a claim upon which relief can be granted. Because further amendment

would not be able to cure its deficiencies, the “complaint” will be dismissed with prejudice.

An appropriate Order follows.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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