Opinion

Feiling

Court
District Court, S.D. Illinois
Filed
Aug 17, 2026
Cited by
0 cases
Authority
More cited than 44.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

BRANDON FEILING, )

)

Plaintiff, )

)

vs. ) Case No. 26-cv-149-SMY

)

RAYMOND P. MARCHIORI, et al., )

)

Defendants. )

MEMORANDUM AND ORDER

YANDLE, Chief District Judge:

This case is before the Court for consideration of Plaintiff Brandon Feiling’s Motion for

Leave to Proceed in forma pauperis (Doc. 3) and preliminary screening of his Amended Complaint

(Doc. 6). Under 28 U.S.C. § 1915, an indigent party may commence an action without paying

required costs and fees upon submission of an affidavit demonstrating the inability “to pay such

fees or give security therefor” and stating “the nature of the action, defense or appeal and the

affiant’s belief that the person is entitled to redress.” 28 U.S.C. § 1915(a)(1). Here, much of

Feiling’s affidavit is incomprehensible and missing responses to several of the prompts. As such,

Feiling has failed to establish indigent status.

Moreover, Feiling’s Amended Complaint would not survive threshold review. Under §

1915(e)(2), the Court may dismiss the Complaint of a party proceeding in forma pauperis if it

determines the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money

damages against an immune defendant. 28 U.S.C. § 1915(e)(2)(B); see also Hoskins v. Poelstra,

320 F.3d 761, 763 (7th Cir. 2003).

Feiling’s Amended Complaint and forty-five pages of attached exhibits are largely

incoherent. He attempts to assert claims for obstruction of justice, failure to allow fair trial, “aid

of fraud,” and violations of several federal statutes against various state agencies and officials.

However, his “Disclosure of Facts for Federal Jurisdiction” is mostly incomprehensible such that

the Court cannot discern who 1s alleged to have done what. Dismissal is appropriate when a “lack

of organization and basic coherence renders a complaint too confusing to determine the facts that

constitute the alleged wrongful conduct.” Stanard v. Nygren, 658 F.3d 792, 798 (7th Cir. 2011).

Accordingly, Feiling’s Motion to Proceed in forma pauperis (Doc. 3) is DENIED, the

Amended Complaint (Doc. 6) is DISMISSED without prejudice, and all pending motions are

TERMINATED as MOOT. Feiling may file a second amended complaint and new motion to

proceed IFP within 30 days of this Order. Failure to file a legible amended complaint will result

in dismissal of this action with prejudice without further notice.

IT IS SO ORDERED.

DATED: August 17th, 2026 Nowe hf !

STACI M. YANDLE

Chief U.S. District Judge

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