noting that authorization to proceed in forma pauperis only excuses prepayment of the filing fee
How later courts described this case
- noting that authorization to proceed in forma pauperis only excuses prepayment of the filing fee
- “While a complaint attacked by a Rule 12(b)(6
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA
SYLVIA ANDERSON,
Plaintiff,
v.
Case No. 26-CV-00345-SEH-JFJ
JAMES D’AUGUSTE;
DIANNE T. RENWICK;
SALLIE MANZANET-DANIELS;
SUZANNE J. ADAMS; and
HECTOR LASSALE,
Defendants.
OPINION AND ORDER
Before the Court is Plaintiff Sylvia Anderson’s complaint [ECF No. 1] and
motion to proceed in forma pauperis [ECF No. 2]. For the reasons set out
below, the Court grants Plaintiff’s motion for leave to proceed in forma
pauperis and dismisses her complaint without prejudice.
Plaintiff moves to file this action in forma pauperis. [ECF No. 2]. Based on
the representations set forth in Plaintiff’s motion, the Court finds the motion
should be granted. Plaintiff is permitted to file and maintain this action to
conclusion without prepayment of fees and costs. 28 U.S.C. § 1915(a).
However, because authorization to proceed in forma pauperis excuses only
prepayment of the fee, Plaintiff remains obligated to pay the full filing fee
when she is able. See Brown v. Eppler, 725 F.3d 1221, 1230-31 (10th Cir.
2013) (noting that authorization to proceed in forma pauperis only excuses
prepayment of the filing fee).
As Plaintiff has obtained leave to file in forma pauperis, her complaint is
subject to screening under 28 U.S.C. § 1915(e). Lister v. Dep’t of Treasury, 408
F.3d 1309, 1311 (10th Cir. 2005). Section 1915(e)(2) requires a district court
to dismiss a case if at any time the court determines that “the action ... (i) is
frivolous or malicious [or] (ii) fails to state a claim on which relief may be
granted.”
Aside from the case caption, the entirety of Plaintiff's Complaint consists
of the following:
Defendants showed fast speed in claims Defendants are subjected to actions
Plaintiff requests this Court to adjudicate.
Sylvig/fnderson
[ECF No. 1]. The Court does not know what this means.
A pro se plaintiff's complaint must be liberally construed. Hall v. Bellmon,
935 F.2d 1106, 1110 (10th Cir. 1991). However, liberal construction of a pro
se plaintiffs allegations “does not relieve the plaintiff of the burden of
alleging sufficient facts on which a recognized legal claim could be based.” Id.
Notwithstanding a pro se plaintiff’s various mistakes or misunderstandings
of legal doctrines or procedural requirements, “if the court can reasonably
read the pleadings to state a valid claim on which the plaintiff could prevail,
it should do so despite the plaintiff’s failure to cite proper legal authority,
[her] confusion of various legal theories, [her] poor syntax and sentence
construction, or [her] unfamiliarity with pleading requirements.” Id.
“Dismissal of a pro se complaint for failure to state a claim is proper only
where it is obvious that the plaintiff cannot prevail on the facts [she] has
alleged, and it would be futile to give [her] an opportunity to amend.” Kay v.
Bemis, 500 F.3d 1214, 1217 (10th Cir. 2007) (citation omitted). The standard
for dismissals under § 1915(e)(2)(B)(ii) is the same as dismissals under Fed.
R. Civ. P. 12(b)(6) for failure to state a claim. Id. A complaint must contain
“enough facts to state a claim to relief that is plausible on its face.” Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 570 (2007). “A claim has facial plausibility
when the plaintiff pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the misconduct alleged.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
The Court need not accept “mere conclusions characterizing pleaded
facts.” Bryson v. City of Edmond, 905 F.2d 1386, 1390 (10th Cir. 1990); see
also Twombly, 550 U.S. at 555 (“While a complaint attacked by a Rule
12(b)(6) motion to dismiss does not need detailed factual allegations, a
plaintiffs obligation to provide the ‘grounds’ of [her] ‘entitlement to relief
requires more than labels and conclusions, and a formulaic recitation of the
elements of a cause of action will not do”) (cleaned up). Nor will the Court
“supply additional factual allegations to round out a plaintiff's complaint or
construct a legal theory on a plaintiffs behalf.” Whitney v. New Mexico, 113
F.3d 1170, 1175 (10th Cir. 1997).
Plaintiff's complaint consists of less than two full lines of text, and the
statements therein are so sparse that the Court does not know what to make
of the Complaint. Due to the Complaint’s complete lack of specific allegations
against any defendant, Plaintiff has failed state a claim upon which relief
may be granted. This action is, therefore, dismissed without prejudice.
I. Conclusion
For the reasons stated above, this action is DISMISSED WITHOUT
PREJUDICE. A separate judgment will be filed contemporaneously with this
order.
DATED this 26th day of June, 2026.
Some
Sara E. Hill ie
UNITED STATES DISTRICT JUDGE