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Evariste v. U.S. Immigration and Custom Enforcement

United States District Court, D. Massachusetts

June 28, 2019

EMMANUEL EVARISTE, Plaintiff,
v.
U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, Defendant.

          MEMORANDUM AND ORDER

          Nathaniel M. Gorton United States District Judge

         For the 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 below.

         I. Background

         Emmanuel 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.

         With 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. § 1915.

         Evariste 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.

         II. Motions for Leave to Proceed In Forma Pauperis

          Upon 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)[1], 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.

         III. Preliminary Screening

         When a 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. § 1915(e)(2).

         When 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).

         In 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.

         IV. Discussion

         In this 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 ...


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