Opinion
6:23-CV-00276
06-14-2023
CANDELLA MONIQUE LEDET v. U S WESTERN DISTRICT COURT OF TEXAS ET AL
ROBERT R. SUMMERHAYS, JUDGE
ORDER
DAVID J. AYO, UNITED STATES MAGISTRATE JUDGE
Plaintiff requested and was granted leave to proceed in forma pauperis (“IFP”) in this suit. (Rec. Docs. 4, 5). Consequently, Plaintiff's complaint is subject to preliminary review pursuant to 28 U.S.C. §1915, which requires the Court to review IFP complaints to determine whether such complaints are frivolous or malicious; fail to state a claim upon which relief may be granted by the Court; or seek monetary relief against a defendant who is immune from such relief. 28 U.S.C. §1915(e)(2)(B).
Section 1915(e)(2)(B) applies to prisoner and non-prisoner IFP complaints. Newsome v. Equal Employment Opportunity Commission, 301 F.3d 227, 231-33 (5th Cir. 2002) (affirming sua sponte dismissal of a non-prisoner IFP complaint as frivolous and failing to state a claim for relief under § 1915(e)(2)(B)(i) and (ii)). Further, the Court may conduct its review under § 1915(e)(2)(B) before or after service is made upon any defendant. Green v. McKaskle, 788 F.2d 1116, 1119 (5th Cir. 1986) (citing, inter alia, Brown v. Schneckloth, 421 F.2d 1402, 1403 (9th Cir. 1970) (cert. denied 400 U.S. 847 (1970)) (rejecting the premise that dismissal under § 1915 is improper unless effected prior to service of the complaint upon one or more defendants).
Considering the foregoing, it is hereby
ORDERED that no summons shall issue or be served by the Court until a preliminary review under 28 U.S.C. §1915 is completed. If, after such review, this Court finds that Plaintiff's complaint is not subject to dismissal, issuance of summons and service will be ordered.