Opinion
Civ. No. 21-3615 (KM) (ESK)
03-10-2021
MARSHALL DYLAN PAPIER, Plaintiff, v. EVOKE THERAPY PROGRAMS Defendant.
MEMORANDUM AND ORDER
KEVIN MCNULTY , U.S.D.J. :
On February 26, 2021, Plaintiff Marshall Papier initiated this action against Defendant Evoke Therapy Programs by way of a form Complaint asserting claims for intentional infliction of emotional distress, battery, assault, negligence, fraud, unlawful touching, personal injury, and medical malpractice. (Compl. at 4). On March 7, 2021, Plaintiff filed an application (DE 3) to proceed in forma pauperis, which the Court granted earlier today, March 10, 2021 (DE 4). Summons was then issued to Defendant. (DE 5).
Citations to the record will be abbreviated as follows. Citations to page numbers refer to the page numbers assigned through the Electronic Court Filing system, unless otherwise indicated:
"DE" = Docket entry number in this case.
"Compl." = Complaint
In permitting the Complaint to be filed without the payment of a fee, the Court is obligated to screen the allegations of the Complaint to determine whether it
(i) is frivolous or malicious;28 U.S.C. § 1915(e)(2)(B).
(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.
[T]he provisions of § 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners. See, e.g., Grayson v. Mayview State Hosp., 293 F.3d 103, 114 n. 19 (3d Cir. 2002) (non-prisoner indigent plaintiffs are "clearly within the scope of § 1915(e)(2)"). See also Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir.2000)( § 1915(e) applies to all in forma pauperis complaints, not just those filed by prisoners).Atamian v. Burns, 236 F. App'x 753, 755 (3d Cir. 2007). See also Johnson v. Rihanna, No. CV 18-448, 2018 WL 3244630, at *1 (W.D. Pa. June 13, 2018), report and recommendation adopted, No. CV 18-448, 2018 WL 3239819 (W.D. Pa. July 2, 2018).
This Complaint fails to state an intelligible claim because it is devoid of any factual allegations. (See generally Compl.). Therefore, I will dismiss the action without prejudice.
Plaintiff may submit an amended complaint, with attachment if more space is required, that states the facts on which his claims are based.
ORDER
Accordingly, IT IS, this 10th day of March 2021, ORDERED that the Complaint (DE 1) is DISMISSED without prejudice upon initial screening pursuant to 28 U.S.C. § 1915(e); and it is further ORDERED that Plaintiff may submit an amended complaint that states the facts on which his claims are based. The clerk shall close the file.
/s/ Kevin McNulty
Kevin McNulty
United States District Judge