Collins v. Walker
Collins v. Walker
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS DELTA DIVISION
RONALD COLLINS PLAINTIFF
V. 2:22CV00029 JM
JAMES WALKER, et al. DEFENDANTS
ORDER Plaintiff Ronald Collins’s motion to proceed in forma pauperis is granted. He reports living on social security disability. See Martin-Trigona v. Stewart,
691 F.2d 856, 857(8th Cir. 1982) (per curiam) (complaint can be filed if plaintiff qualifies by economic status under
28 U.S.C. § 1915(a)). The law requires that I screen the Complaint.
28 U.S.C. § 1915(e)(2). “A pro se plaintiff must set forth enough factual allegations to ‘nudge [ ] their claims across the line from conceivable to plausible,’ or ‘their complaint must be dismissed’ for failing to state a claim upon which relief can be granted.” Bell Atlantic Corp. v. Twombly,
550 U.S. 544, 569-70(2007); see also Aschroft v. Iqbal,
556 U.S. 662, 678(2009) (“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.”). Regardless of whether a plaintiff is represented or is appearing pro se, the plaintiff’s complaint must allege specific facts sufficient to state a claim. See Martin v. Sargent,
780 F.2d 1334, 1337(8th Cir. 1985). In a two sentence argument, Collins contends defendants were “irresponsible in their medical procedures” on him, but he offers no specifics other than his belief that his “human flesh, soul, and spirit” were violated. (Doc. 2 at 4-5). Collins seeks $13 billion in damages. (Doc. 2 at 4). The Court lacks jurisdiction over this case. Diversity jurisdiction does not exist as all parties are Arkansans or incorporated therein. See
28 U.S.C. § 1332. And, Collins has not pleaded a federal claim. See
28 U.S.C. § 1331. As a result, his Complaint is completely conclusory and unsupported by argument and fails as a matter of law. The Complaint is dismissed without prejudice. The Court certifies that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith.
28 U.S.C. § 1915(a)(3). IT IS SO ORDERED this 25" day of February, 2022.
UNITED bate =t ict JUDGE
Reference
- Status
- Unknown