Cole v. United States Postal Service Et Al - Document No. 3
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Case 3:06-cv-00226-HLA-HTS Document 3 Filed 03/17/2006 Page 1 of 3
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
VASHTI R. COLE,
Plaintiff,
vs. CASE NO. 3:06-cv-226-J-25HTS
UNITED STATES POSTAL SERVICE
and MICHAEL BOYLE,
Defendants.
____________________________
O R D E R
This cause is before the Court on the request to proceed in
forma pauperis contained in the Affidavit of Indigency (Doc. #2;
Petition), filed on March 10, 2006. Upon review of the document
entitled Title of Your Pleading (Doc. #1; Complaint), also filed on
March 10, 2006, it is determined the suit may be subject to
dismissal.
Under 28 U.S.C. § 1915(a), courts may permit a litigant to
proceed in forma pauperis if the litigant avers in an
affidavit that he or she is unable to bear the fees and costs
concomitant with a lawsuit. As recognized by the United States
Supreme Court, “a litigant whose filing fees and court costs are
assumed by the public . . . lacks an economic incentive to refrain
from filing frivolous, malicious, or repetitive lawsuits.” Neitzke
v. Williams, 490 U.S. 319, 324 (1989). Thus, the Court is
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Case 3:06-cv-00226-HLA-HTS Document 3 Filed 03/17/2006 Page 2 of 3
empowered with the discretion to dismiss the action, sua sponte, if
it is frivolous or malicious. See id. A suit “is frivolous where
it lacks an arguable basis either in law or in fact.” Id. at 325.
Dismissal of a complaint pursuant to this principle should be
ordered only if the complaint relies on clearly meritless legal
theories, see id. at 327, or where the facts asserted therein “are
‘clearly baseless.’” Denton v. Hernandez, 504 U.S. 25, 32 (1992)
(quoting Neitzke, 490 U.S. at 327).
The statute also requires the Court to dismiss the case if it
determines the action “fails to state a claim on which relief may
be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). “The language of
section 1915(e)(2)(B)(ii) tracks the language of Federal Rule of
Civil Procedure 12(b)(6),” and so courts apply the same standard in
both contexts. Mitchell v. Farcass, 112 F.3d 1483, 1490 (11th Cir.
1997). However, a court should not dismiss pursuant to § 1915 for
failure to state a claim without “granting leave to amend at least
once when a liberal reading of the complaint gives any indication
that a valid claim might be stated.” Gomez v. USAA Fed. Sav. Bank,
171 F.3d 794, 795 (2d Cir. 1999) (per curiam) (citation and
internal quotation marks omitted); see also Martinez v. Kristi
Kleaners, Inc., 364 F.3d 1305, 1308 n.7 (11th Cir. 2004) (per
curiam).
The Complaint states merely that Ms. Cole was informed by one
of the named defendants “that he was doing a fact finding
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Case 3:06-cv-00226-HLA-HTS Document 3 Filed 03/17/2006 Page 3 of 3
investigation [i]mplemented by the United States [P]ost [O]ffice.
Since this time [she has not] been to work.” Complaint at 1. From
the text of the pleading, the Court is unable to discern what cause
of action Plaintiff seeks to bring. However, she will be given the
opportunity to file an amended complaint. The amended complaint
should contain facts and allegations that adhere to the
requirements of Rule 8(a), Federal Rules of Civil Procedure,
including the need for “a short and plain statement of the claim
showing that the pleader is entitled to relief[.]”
Accordingly, the Petition (Doc. #2) is taken under advisement
to allow Plaintiff to file her amended complaint, as set forth
herein, within ten (10) days from the date of this Order. Failure
to file an amended complaint within the specified time period may
result in a recommendation that this action be dismissed for
failure to prosecute pursuant to Rule 3.10(a), Local Rules, United
States District Court, Middle District of Florida.
DONE AND ORDERED at Jacksonville, Florida, this 17th day of
March, 2006.
/s/ Howard T. Snyder
HOWARD T. SNYDER
UNITED STATES MAGISTRATE JUDGE
Copies to:
All counsel of record
and pro se parties, if any
