United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
Nathaniel M. Gorton United States District Judge
reasons set forth below, the Court allows plaintiff's
motions to amend and for leave to proceed in forma
pauperis, and denies plaintiff's motions for speedy
trial, to expedite final judgment, to dismiss, for further
discovery, for summary judgment, for injunctive relief, for
default judgment, and to amend relief. If plaintiff wishes to
pursue this action, the Court will permit him to file a third
amended complaint that cures the pleading deficiencies noted
Evariste (“Evariste”), now in custody at the
Bristol County Jail and House of Correction, filed a pro
se complaint against the U.S. Immigration and Customs
Enforcement (“ICE”) seeking monetary damages for
injuries allegedly suffered after he was taken into ICE
custody. See Docket No. 1. In his complaint,
Evariste alleges that he is a United States citizen.
his complaint, he filed a Motion for Speedy Trial and an
Application to Proceed in District Court Without Prepaying
Fees or Costs. See Docket Nos. 2, 3. Because
Evariste filed an Application to Proceed in District Court
Without Prepaying Fees or Costs, summonses were not issued in
order to allow the Court time to review the complaint to
determine whether it satisfied the requirements of the
federal in forma pauperis statute, 28 U.S.C. §
subsequently filed motions to expedite final judgment, to
dismiss, for leave to proceed in forma pauperis, for
further discovery, to amend, for summary judgment, for
injunctive relief and for default judgment. See
Docket Nos. 7-15, 17. 19, 21-22, 24. He also filed a proposed
second amended complaint that names as sole defendant the
United States Department of Homeland Security. See
Docket No. 22-1.
Motions for Leave to Proceed In Forma
review of Evariste's motions for leave to proceed in
forma pauperis, the Court concludes that he is without income
or assets to pay the $400.00 filing fee. Because Evariste is
not a prisoner as defined by 28 U.S.C. §
1915(h), he is not obligated to make payments
towards the filing fee pursuant to 28 U.S.C. § 1915(b).
Evariste's motions are therefore granted.
plaintiff seeks to file a complaint without prepayment of the
filing fee, a summons does not issue until the Court reviews
the complaint and determines that it satisfies the
substantive requirements of 28 U.S.C. § 1915. Section
1915 authorizes federal courts to dismiss complaints sua
sponte if the claims therein lack an arguable basis in
law or in fact, fail to state a claim on which relief may be
granted, or seek monetary relief against a defendant who is
immune from such relief. See 28 U.S.C. §
examining the sufficiency of the pleadings, the Court
considers whether the plaintiff has pled “enough facts
to state a claim to relief that is plausible on its
face.” Bell Atl. Corp. v. Twombly, 550 U.S.
544, 570 (2007). “A claim has facial plausibility when
the plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (citation omitted).
conducting this review, the Court liberally construes the
pleadings because the plaintiff is proceeding pro
se. Haines v. Kerner, 404 U.S. 519,
520 (1972); Rodi v. New Eng. Sch. of Law, 389 F.3d
5, 13 (1st Cir. 2004). Even under a broad reading, however,
this action is subject to dismissal for the reasons set forth
below and the plaintiff will be afforded an opportunity to
file a third amended complaint.
matter, Evariste seeks to hold the United States Department
of Homeland Security (“DHS”) liable for alleged
negligence, intentional infliction of emotional distress and
violations of his constitutional ...