United States District Court, E.D. Arkansas, Western Division
VERONICA GAMBLE, Guardian and Next Friend of L.M., a minor, Plaintiff,
LITTLE ROCK SCHOOL DISTRICT, et al., Defendants.
PROPOSED FINDINGS AND RECOMMENDED
T. KEARNEY, Magistrate Judge.
following recommended disposition has been sent to United
States District Judge J. Leon Holmes. Plaintiff may serve and
file written objections to this recommendation. Objections
should be specific and should include the factual or legal
basis for the objection. If the objection is to a factual
finding, specifically identify that finding and the evidence
that supports your objection. An original and one copy of
your objections must be received in the office of the United
States District Clerk no later than fourteen (14) days from
the date of the findings and recommendations. Failure to file
timely objections may result in waiver of the right to appeal
questions of fact.
are objecting to the recommendation and also desire to submit
new, different, or additional evidence, and to have a hearing
for this purpose before the United States District Judge, you
must, at the same time that you file your written objections,
include a "Statement of Necessity" that sets forth
1. Why the record made before the Magistrate Judge is
2. Why the evidence to be proffered at the requested hearing
before the United States District Judge was not offered at
the hearing before the Magistrate Judge.
3. An offer of proof setting forth the details of any
testimony or other evidence (including copies of any
documents) desired to be introduced at the requested hearing
before the United States District Judge.
this submission, the United States District Judge will
determine the necessity for an additional evidentiary
hearing, either before the Magistrate Judge or before the
your objections and "Statement of Necessity" to:
matter was referred to the undersigned for recommended
disposition, as appropriate, of all pretrial matters. Pending
before the Court are Plaintiff's Motion for Leave to
Proceed in forma pauperis (DE #1) and Motion to Appoint
Counsel (DE #3).
Complaint is illegible at times and lacks compliance with the
Federal Rules of Civil Procedure. Plaintiff Gamble is the
parent or guardian of L.M., the named minor in this matter.
Pursuant to Fed.R.Civ.P. 5.2, and to protect the privacy of
the named minor, the Clerk is directed to restyle the case as
Veronica Gamble, Guardian and Next Friend of L.M., a
minor. The original complaint is ordered to be placed under
with the Complaint, Plaintiff submitted an application to
proceed in forma pauperis (DE #1). Based on the declaration
submitted with the application, the Court grants the
application to proceed in forma pauperis pursuant to 28
U.S.C. Â§ 1915.
in forma pauperis statute requires the Court to
perform a screening function and to dismiss certain types of
suits; the statute requires that a lawsuit be dismissed if it
is (1) frivolous or malicious; (2) fails to state a claim
upon which relief may be granted; or (3) seeks monetary
relief from a defendant who is immune from such relief. 28
U.S.C. Â§ 1915(e)(2)(B). While sua sponte dismissals
are disfavored, "[s]ection 1915(e)(2)(B) applies to both
prisoner and non-prisoner in forma pauperis
cases." Fletcher v. Jasper Police Dep't,
Case No. 1:09-cv-977, 2012 WL 5878807 (E.D. Tex. Oct. 18,
2012) (citing Newsome v. EEOC,301 F.3d 227, 231-33
(5th Cir. 2002)). See also Charles Alan Wright, et
al., 16AA Fed, Prac. & Proc. Juris. Â§ 3970 (4th ed.)
("The [Prison Litigation Reform Act (PRLA)] also made
some changes that affect non-prisoner litigants. In
particular, the PRLA amended what is now Section 1915(e)(2)
concerning the dismissal of a case. The current statutory
language is mandatory (shall dismiss') and adds to the
list of reasons for dismissal that the action fails to state
a claim or that it seeks monetary relief against a defendant
who is immune from such relief."); Bey v. Superior
Protection, Inc., Case No. 4:08-cv-04191 JLH, 2009 WL
1058054 (E.D. Ark. Apr. 20, 2009) ("Although many of the
provisions in Â§ 1915 specifically refer to and apply only to
prison inmates, the language in Â§ 1915(e)(2) does not
distinguish between prisoner and non-prisoner complaints.
Under this provision, the court must dismiss a complaint at
any time it determines the claims raised are ...