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Gilmore v. Greene County Dep't of Social Services

November 20, 2007

FURMAN GILMORE, PLAINTIFF,
v.
GREENE COUNTY DEPARTMENT OF SOCIAL SERVICES; GEORGE PULVER, DEFENDANTS.



The opinion of the court was delivered by: Gary L. Sharpe, District Judge

DECISION and ORDER

I. Introduction

Presently before this Court is a complaint from pro se plaintiff Furman Gilmore.*fn1 Plaintiff has not paid any fee relating to this action and seeks leave to proceed in forma pauperis. Dkt. No. 2.

For the reasons stated below, plaintiff's complaint is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) and Rule 5.4(a) of the Local Rules of Practice of this District.

II. Discussion

Where a plaintiff seeks leave to proceed in forma pauperis, the Court must determine whether the plaintiff has demonstrated sufficient economic to proceed without prepaying, in full, the $350.00 filing fee. The Court must also consider whether the causes of action stated in the complaint are, inter alia, frivolous or malicious, or if they fail to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2)(B); see also 28 U.S.C. § 1915A(b)(1).

A. Economic Need

In this case, plaintiff has demonstrated economic need. Accordingly, plaintiff properly commenced this action without prepayment of the filing fee.

B. Sufficiency of the Complaint

Turning to the second inquiry, 28 U.S.C. § 1915(e), as amended, directs that the Court:

(2) [S]hall dismiss the case at any time if the court determines that -***

(B) the action ... (i) is frivolous or malicious; (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.

28 U.S.C. § 1915(e)(2)(B). Thus, there is a responsibility on the Court to determine that a complaint may be properly maintained in the District before it may permit a plaintiff to proceed with an action in forma pauperis. Id.; see also 28 U.S.C. § 1915A(b)(1).

Plaintiff's complaint names the Greene County Department of Social Services ("DSS") and Green County Court Judge George Pulver as defendants. Dkt. No. 1. The complaint also identifies DSS employees Kelly Tuomey, Sheron Regani and Kelly Potts as defendants, although they are not listed in the caption of the complaint. Plaintiff claims that on August 2, 2001, defendants "deprived [him] of liberty and property without due process of law." Dkt. No. 1 at 5. The complaint, which seeks "reversal ...


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