Opinion

Collins

Court
District Court, N.D. Indiana
Filed
Mar 31, 2026
Cited by
0 cases
Authority
More cited than 40.2%

noting that a complaint must contain “enough facts to state a claim to relief that is plausible on its face”

How later courts described this case

  • noting that a complaint must contain “enough facts to state a claim to relief that is plausible on its face”
  • “Courts have wide discretion to decide whether a litigant is impoverished.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

JUSTIN COLLINS,

Plaintiff,

v. CASE NO. 1:26-CV-132-HAB-ALT

VANESSA FANG, et al.,

Defendants.

OPINION AND ORDER

Pro se Plaintiff Justin Collins (“Collins”) filed a complaint and seeks leave to proceed in

forma pauperis. (ECF 1, 2). Alexander, who listed his address as being in Hawaii but sent the

complaint from New York, alleges Defendants Vanessa Fang, Elyssa O. Slutzky, and Javier E.

Ortiz “delayed the ruling.” (ECF 1). His complaint does not specify what ruling was delayed,

which proceeding that ruling was supposed to happen in, or how the Defendants delayed it. But

the Court need not look far to identify this filing. “Collins” has been peppering federal courts

across the country—including this one—with the same or a similar devoid-of-fact complaint under

different names for more than two months.1

Under 28 U.S.C. § 1915, the court “may authorize the commencement [of this action]

without pre-payment of fees [if] the person is unable to pay such fees . . ..” A person is unable to

1 See, e.g., Alexander v. Hill-Kearse, No. 1:26-CV-40-HAB-ALT, 2026 WL 540284, at *1 (N.D. Ind. Feb. 25, 2026);

Sullivan v. Pacheco, No. 1:26-CV-41-HAB-ALT, 2026 WL 532333, at *1 (N.D. Ind. Feb. 25, 2026); Sullivan v.

Pacheco, 1:26-cv-00019 (D.N.D. Jan. 26, 2026); Sullivan v. Pacheco, 2:26-cv-00044 (E.D. Wash. Jan. 26, 2026);

Sullivan v. Pacheco, 2:26-cv-00057 (M.D. Ala. Jan. 26, 2026); Sullivan v. Pacheco, 2:26-cv-00033 (D. Wy. Jan. 26,

2026); Sullivan v. Pacheco, 2:26-cv-02048 (D. Kan. Jan. 26, 2026); Sullivan v. Pacheco, 6:26-cv-00200 (M.D. Fla.

Jan. 26, 2026); Sullivan v. Pacheco, 1:26-cv-00041 (N.D. Ind. Jan. 26, 2026); Sullivan v. Pacheco, 4:26-cv-00045

(N.D. Fla. Jan. 26, 2026); Alexander v. Hill-Kearse, No. 1:26CV00022, 2026 WL 353616, at *1 (W.D. Va. Feb. 9,

2026); Alexander v. Hill-Kearse, No. 3:26CV00050-ART-CLB, 2026 WL 416055, at *1 (D. Nev. Feb. 13, 2026);

Alexander v. Hill-Kearse, No. 26-CV-0040-CVE-JFJ, 2026 WL 208625, at *2 (N.D. Okla. Jan. 27, 2026).

pay the filing fee if “because of his poverty [doing so would result in the inability] to provide

himself and dependents with the necessities of life.” Adkins v. E.I. DuPont de Nemours & Co., 335

U.S. 331, 339 (1948) (quotation marks omitted). In a Chapter 7 Bankruptcy case, the filing fee

may be waived “if the court determines that such individual has income less than 150 percent of

the income official poverty line. . ..” 28 U.S.C. § 1930(f)(1).2 This is not a Bankruptcy case, but

the judicial discretion afforded by 28 U.S.C. § 1915 permits application of the same threshold. See

Merritte v. Templeton, 493 F. App’x 782, 784 (7th Cir. 2012) (“Courts have wide discretion to

decide whether a litigant is impoverished.”). The Poverty Line is set annually by the United States

Department of Health and Human Services. 42 U.S.C. § 9902.

But “[n]otwithstanding any filing fee, or any portion thereof, that may have been paid,” the

Court must dismiss the case if it determines that the action “(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.” 28 U.S.C. § 1915(e)(2)(B).

Collins’s financial affidavit states he has $36 in his bank account, spends $400 per month

on food, and has no income. (ECF 2). This would mean he financially qualifies to proceed in forma

pauperis. But that is of no moment here because reviewing Collins’s allegations liberally, his

complaint must be dismissed. He asserts the claim is brought under diversity jurisdiction. (ECF 1).

But he has identified nothing that supports this basis for this Court’s jurisdiction, and he has

provided no factual basis to support his legal claim. He just makes the naked assertion that some

ruling was delayed. (Id.). That is not enough. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)

(noting that a complaint must contain “enough facts to state a claim to relief that is plausible on its

face”). And nothing in the complaint establishes that any of the Defendants are subject to personal

2 See https://www.uscourts.gov/sites/default/files/document/poverty-guidelines.pdf (150% Poverty Guideline table).

jurisdiction in Indiana. No facts suggest that any defendant is from the state and no events have

been described that occurred in the state.

Given these glaring deficiencies and Collins’s track record of spray-and-pray complaint

filing across the country over the past few months, the Court finds the complaint meritless and

frivolous. Amendment would thus be futile. Runnion ex rel. Runnion v. Girl Scouts of Greater Chi.

& Nw. Ind., 786 F.3d 510, 519–20 (7th Cir. 2015).

For these reasons, the Court:

(1) DISMISSES this case WITH PREJUDICE; and

(2) DENIES AS MOOT Collins’s Motion to Proceed in Forma Pauperis (ECF 2).

SO ORDERED on March 31, 2026.

s/ Holly A. Brady

CHIEF JUDGE HOLLY A. BRADY

UNITED STATES DISTRICT COURT

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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