Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Day v. Grey

United States District Court, D. Maine

February 8, 2018

ROY A. DAY, Plaintiff
v.
LORNA R. GREY, et al., Defendants

          ORDER ON MOTIONS FOR IN FORMA PAUPERIS STATUS AND SERVICE OF PROCESS AND RECOMMENDED DECISION ON 28 U.S.C. § 1915(e)(2) REVIEW

          John H. Rich III United States Magistrate Judge

         Before me for a second time are the plaintiff's motions for leave to proceed in forma pauperis and for aid in serving process on the defendants. See ECF Nos. 2-3. When those motions initially were referred to me, I stayed this case pending the outcome of the plaintiff's appeal to the First Circuit of this court's dismissal without prejudice of a nearly identical action, Day v. Grey (“Day I”), No. 2:16-cv-00275-JAW (D. Me.). See ECF No. 12. The First Circuit denied that appeal, issuing its mandate on December 27, 2017. See ECF Nos. 36-37, Day I. That effectively lifted the stay of the instant case (“Day II”), paving the way for it to proceed.

         For the reasons that follow, I grant the plaintiff's request for leave to proceed in forma pauperis, recommend that the court allow the action to proceed after review under 28 U.S.C. § 1915(e)(2)(B), and, contingent on the court's acceptance of that recommendation, grant his motion for service, which I liberally construe to seek service on all four defendants.

         I. In Forma Pauperis Status

         In forma pauperis status is available under 28 U.S.C. § 1915(a)(1). However, section 1915(e)(2)(B) also provides, in relevant part:

[T]he court shall dismiss the case at any time if the court determines that . . .

         (B) the action or appeal -

(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune from such relief.

28 U.S.C. § 1915(e)(2)(B).

         “Dismissals [under 28 U.S.C. § 1915] are often made sua sponte prior to the issuance of process, so as to spare prospective defendants the inconvenience and expense of answering such complaints.” Nietzke v. Williams, 490 U.S. 319, 324 (1989); see also Mallard v. U.S. Dist. Ct. S. D. Iowa, 490 U.S. 296, 307-08 (1989) (“Section 1915(d), for example, authorizes courts to dismiss a ‘frivolous or malicious' action, but there is little doubt they would have power to do so even in the absence of this statutory provision.”)

         In his application to proceed without prepaying fees or costs, the plaintiff reports that he has monthly income of $694.00 in Social Security benefits and $59.00 in Social Security Income disability benefits, has $10.00 in a bank account, owns a 2016 Chevrolet Spark on which he owes $15, 000.00, has approximately $1, 200 in monthly expenses, and has credit card debt of $300, 000. ECF No. 2, Day II. These financial circumstances entitle him to proceed in forma pauperis.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.