United States District Court, D. Maine
December 2, 2014
ALLA IOSIFOVNA SHUPER, Plaintiff,
STATE OF MAINE, Defendant
ALLA IOSIFOVNA SHUPER, Plaintiff, Pro se, FALMOUTH, ME.
ORDER ON ALL PENDING MOTIONS
George Z. Singal, United States District Judge.
Before the Court are Plaintiff Alla Iosifovna Shuper's Applications to Proceed In Forma Pauperis (ECF Nos. 5, 13 & 17). The Court hereby GRANTS Plaintiff leave to proceed in forma pauperis in this action.
Also before the Court are the Motion for Reconsideration (ECF No. 4) and the Motion to Amend the Motion for Reconsideration (ECF No. 6). Both of these Motions pertain to the Court's November 18, 2014 Order requesting that Plaintiff either pay the filing fee or file a request to proceed in forma pauperis in each of her docketed cases. (See Order (ECF No. 2).) In light of the Court's decision to grant Plaintiff's request to proceed in forma pauperis, the Court finds both of these requests for reconsideration (ECF Nos. 4 & 6) MOOT. The Court notes that similar motions for reconsideration were filed in each of Plaintiff's then twenty-four cases.
Plaintiff Shuper has also filed an Appeal to the Chief Judge (ECF No. 7). To the extent that Plaintiff Shuper is appealing the Court's November 18, 2014 Order to the Chief Judge, there is no such right to appeal to the Chief Judge, and it is therefore DENIED. As with the Motion for Reconsideration and the Motion to Amend the Motion for Reconsideration, pro se Plaintiff Shuper's Appeal to the Chief Judge was filed in each of her then twenty-four cases.
Plaintiff Shuper has also filed a Motion to Accept the Change in Pro Se Filing, thereby requesting that she be permitted to file documents manually rather than electronically (ECF No. 10). The Court GRANTS the Motion, which has also been filed in each of her cases.
Upon the Court's review of the Complaint, the Court concludes that the case must be dismissed in accordance with 28 U.S.C. § 1915(e)(2). The handwritten Complaint names only one defendant: the State of Maine. However, the body of the Complaint requests various amendments to the Federal Rules of Civil Procedure, specifically rules that pertain to pro se filers. The Complaint also seeks changes to the operations schedule of this Court's Clerk's Office. Liberally construing the Complaint, the Court cannot see any claim against the State of Maine, nor does the Court see any ripe claim or allegation of a particular redressable injury caused by the Federal Rules or the Federal Court's operations schedule. In accordance with 28 U.S.C. § 1915(e)(2), the Court readily finds the present Complaint is frivolous and fails to state any cognizable claim. Therefore, the Complaint must be DISMISSED.
Finally, before the Court is Plaintiff Shuper's Motion for Leave to Proceed In Forma Pauperis on Appeal (ECF No. 12). Through Plaintiff Shuper's Motion, she asks this Court to excuse her from paying the docket fees in connection with her November 28, 2014 Notice of Appeal (ECF No. 11). The Court believes that Plaintiff Shuper's November 28, 2014 Notice of Appeal is premature and improper given the procedural posture of her case. As a result, the Court concludes that the present appeal is not taken in good faith as required under 28 U.S.C. § 1915(a)(3) & F.R.A.P. 24(a)(2) & (4). For this reason, the Court DENIES the Motion To Leave To Appeal In Forma Pauperis on Appeal (ECF No. 12).
The Clerk is directed to DISMISS this action and mail a copy of this Order to Plaintiff Shuper. Additionally, the Court certifies that any appeal from this Order would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3).