United States District Court, E.D. Wisconsin
ORDER REQUIRING THE PLAINTIFF TO FILE AN AMENDED
COMPLAINT BY JUNE 15, 2018 OR FACE DISMISSAL
PAMELA PEPPER UNITED STATES DISTRICT JUDGE.
March 21, 2017, the plaintiff, who is representing himself,
filed a complaint against the West Allis Police Department
and Sgt. Barwick. Dkt. No. 1. At the same time, the plaintiff
filed a motion for leave to proceed without the prepayment of
the filing fee. Dkt. No. 2. The court will hold the
plaintiff's motion to proceed without prepayment of the
filing fee in abeyance, and will require that by June 15,
2018, the plaintiff must file an amended complaint, more
fully explaining the factual basis for his complaint.
Plaintiffs Motion for Leave to Proceed Without Prepayment of
the Filing Fee (Dkt. No. 2)
court may allow a plaintiff to proceed in an action without
prepaying fees if two conditions are met: (1) the plaintiff
is unable to pay the filing fee; and (2) the complaint is not
frivolous nor malicious, does not fail to state a claim on
which relief may be granted, and does not seek monetary
relief against a defendant that is immune from such relief.
28 U.S.C. §§1915(a) and (e)(2).
plaintiff states that he does not work and is not married.
Dkt. No. 2 at 1. Although he receives $733 per month in
Social Security benefits, his monthly expenses total $575.
The plaintiff does not own a home or a car, or have a bank
account or any property of value. The court concludes that
the plaintiff is unable to pay the filing fees and costs
associated with the case, so the plaintiff has met the
financial requirements of §1915(a).
1915(e)(2)(B) requires a court to dismiss a case at any time
if the court determines that it "(i) is frivolous or
malicious; (ii) fails to state a claim upon which relief may
be granted; or (iii) seeks monetary relief against a
defendant who is immune from such relief." The district
court screens any complaint filed by a self-represented
plaintiff (who requests relief from the filing fee) to
determine whether the plaintiff may proceed under this
purposes of §1915(e)(2)(B)(i), the complaint is
frivolous if there is no arguable basis for relief in law or
fact. Denton v. Hernandez, 504 U.S. 25, 31 (1992)
(quoting Neitzke v. Williams, 490 U.S. 319, 325
(1989). The standards for deciding whether to dismiss a case
for failure to state a claim under §1915(e)(2)(B)(ii)
are the same as those for reviewing claims under Federal Rule
of Civil Procedure 12(b)(6). DeWalt v. Carter, 224
F.3d 607, 611-12 (7th Cir. 2000). To survive dismissal, the
complaint must contain enough "[f]actual allegations ...
to raise a right to relief above the speculative level."
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555
(2007). Although a complaint need not contain "detailed
factual allegations, " a complaint "that offers
'labels and conclusions' or 'a formulaic
recitation of the elements of a cause of action will not
do.'" Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009) (quoting Twombly, 550 U.S. at 555). "In
evaluating whether a plaintiff's complaint fails to state
a claim, a court must take the plaintiff's factual
allegations as true and draw all reasonable inferences in his
favor." DeWalt, 224 F.3d at 612.
plaintiff's complaint does not provide the defendants
with sufficient notice as to what each defendant did or where
and when it happened, and it does not give the court enough
information to decide whether the plaintiff has stated a
claim that is frivolous, or for which a federal court can
grant relief. The plaintiff's entire statement of his
claim is this:
West Allis, Dept.
Aurora St. Luke's Medical
I did not receive proper medical treatment 3-15 to 3-16 West
No. 2. He seeks an "award of money, also stop putting
hands on me (people, human beings)." Dkt. No. 1 at 4.
The plaintiff attached to the complaint a March 16, 2017
referral memo from the West Allis Police Department,
requiring him to report to that department on March 22, 2017
between 7:00 a.m. and 3:00 p.m. for "mugging
fingerprints." Dkt. No. 1-1. He also attached an Order
In Memo from the same police department, bearing the date of
March 23, 2017 and the ...