Dunlap v. Lamb, No. 4:2013cv01818 - Document 5 (E.D. Mo. 2013)

Court Description: OPINION, MEMORANDUM AND ORDER--IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. # 2 ] is GRANTED. FURTHER ORDERED that this action is dismissed under 28 U.S.C. § 1915(e) as legally frivolous.An separate Order of Dismissal will be filed contemporaneously. Signed by District Judge Henry E. Autrey on 09/17/2013. (CLK)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION BRIAN M. DUNLAP, Plaintiff, v. RHONDA F. LAMB, Defendant. ) ) ) ) ) ) ) ) ) No. 4:13CV1818 TCM OPINION, MEMORANDUM AND ORDER This matter is before the Court upon the motion of plaintiff for leave to commence this action without prepayment of the filing fee pursuant to 28 U.S.C. § 1915. Upon consideration of the financial information provided with the motion, the Court finds that plaintiff is financially unable to pay any portion of the filing fee. Additionally, the Court has reviewed the complaint and will dismiss it pursuant to 28 U.S.C. § 1915(e)(2)(B). Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court must dismiss a complaint filed in forma pauperis if the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief. An action is frivolous if it lacks an arguable basis in either law or fact. Neitzke v. Williams, 490 U.S. 319, 328 (1989); Denton v. Hernandez, 504 U.S. 25, 31 (1992). An action is malicious if it is undertaken for the purpose of harassing the named defendants and not for the purpose of vindicating a cognizable right. Spencer v. Rhodes, 656 F. Supp. 458, 461-63 (E.D.N.C. 1987), aff d 826 F.2d 1059 (4th Cir. 1987). A complaint fails to state a claim if it does not plead enough facts to state a claim to relief that is plausible on its face. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). The complaint is gibberish. There are no articulate allegations that state a federal cause of action. Moreover, the Court cannot envision any amendment to the complaint that would cause it to state a plausible claim. As a result, the Court will dismiss this action as legally frivolous. Accordingly, IT IS HEREBY ORDERED that plaintiff s motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that this action is dismissed under 28 U.S.C. § 1915(e) as legally frivolous. An separate Order of Dismissal will be filed contemporaneously. Dated this 17th day of September, 2013. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE -2-

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