IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
October 7, 2011
KENNY BEANE, PLAINTIFF,
NICHOLAS MENDEZ, DEFENDANT.
The opinion of the court was delivered by: Reagan, District Judge:
MEMORANDUM AND ORDER
District Court, alleging that Nicholas Mendez had violated his On October 4, 2011, Kenny Beane filed a pro se complaint in this United States
filed a motion for leave to proceed of counsel (Doc. 3).
civil rights. Additionally, Beane
lawsuit to proceed without prepayment of fees.
in forma pauperis
(Doc. 2) and a motion for appointment
In granting a motion for pauper
district court authorizes
court of the
may authorize the commencement . of any suit . without prepayment
represent any person unable to afford counsel."
. Additionally, § 1915(e)(1) authorizes a federal court to re
28 U.S.C. § 1915(e)(1) quest an attorney to
Before the Court can grant pauper status or appoint counsel, however, it must
complaint if (a) the allegation of poverty is untrue; (b) carefully screen the complaint. Section1915(e)(2) requires federal courts to dismiss the
(c) the action fails to state a claim upon which relief monetary relief from a defendan
can be granted; or (d) the action seeks the action is frivolous or malicious;
t who is immune from such relief.
28 U.S.C. § 1915(e)(2)
Case 3:11-cv-00900-MJR-SCW Document 5 Filed 10/07/11 Page 2 of 3 Page ID #16
However, it cannot determine if the action is frivolous or mali
In the case at bar, the Court is satisfied from Beane's affidav
if an action is frivolous or without merit is whether the plain
cious. The test for determining it that he is indigent.
on the law or facts in support of the claim. Furthermore, when assessing a petition to proceed
tiff can make a rational argument
Neitzke v. Williams
, 490 U.S. 319, 325 (1989)
should deny leave to proceed
inquire into the merits of the petitioner's claim, and if the c in forma pauperis
court finds them to be frivolous, it
, a district court should
in forma pauperis
Lucien v. Roegner
, 682 F.2d 625, 626 (7th
malicious. Beane's complaint simply does not contain enough fa
The Court cannot determine that Beane's cause ctual allegations to determine of action is not frivolous or
that his claim has merit. Beane tells the Court which of his c Defendant Mendez has violated, but he does not describe the facts onstitutional of what happened between rights he thinks
of what happened between him and Mendez before the Court can de him and Mendez that caused those violations. The Court must know Beane's view of the facts
to proceed without prepayment of fees.
cide whether to allow him
explaining the facts that gave rise to the violations alleged i
Accordingly, the Court
Beane to file n the complaint by a supplement to his complaint
. The Court
October 28, 2011
October 28, 2011.
on Beane's pending motions (Docs. 2 & 3) until after
October 28, 2011,
in dismissal of this action. Moreover, failure to describe in Beane that failure to file a supplement to his complaint by
the supplement the facts on which Beane's claims are based in a
in dismissal of this action for failure to state a claim upon which relief may be
more coherent manner
IT IS SO ORDERED.
MICHAEL J. REAGAN United States District Judge
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