United States District Court, W.D. Pennsylvania
MATT L. LOPER, Plaintiff
COURT OF COMMON PLEAS, Defendant
PARADISE BAXTER UNITED STATES DISTRICT JUDGE
MAGISTRATE JUDGE'S REPORT AND
RICHARD A. LANZILLO, UNITED STATES MAGISTRATE JUDGE
hereby recommended that the motion for leave to proceed
in forma pauperis [ECF No. 1] be GRANTED, and the
Clerk should be ordered to docket the Complaint.
further recommended that this action be dismissed as legally
frivolous in accordance with 28 U.S.C. § 1915(e). The
Clerk of Courts should be directed to close this case.
Plaintiff's motion for leave to proceed in forma
Matt L. Loper (“Plaintiff”) initiated this
pro se civil rights action by filing a motion for
leave to proceed in forma pauperis. In his motion,
Plaintiff states that he is unable to pay the filing fee
associated with this case. Based upon this averment, it
appears that Plaintiff is without sufficient funds to pay the
costs and fees of the proceedings. Accordingly, his motion
for leave to proceed in forma pauperis should be
Assessment of Plaintiff's Complaint
been granted leave to proceed in forma pauperis,
Plaintiff is subject to the screening provisions in 28 U.S.C.
§ 1915(e). Among other things, that statute requires
the Court to dismiss any action in which the Court determines
that the action is “frivolous or malicious; fails to
state a claim upon which relief may be granted; or seeks
monetary relief against a defendant who is immune from such
relief.” 28 U.S.C. § 1915(e)(2); Muchler v.
Greenwald, 624 Fed.Appx. 794, 796-97 (3d Cir. 2015). A
frivolous complaint is one which is either based upon an
indisputably meritless legal theory (such as when a defendant
enjoys immunity from suit) or based upon factual contentions
which are clearly baseless (such as when the factual scenario
described is fanciful or delusional). Neitzke v.
Williams, 490 U.S. 319, 327 (1989). The determination as
to whether a complaint fails to state a claim upon which
relief may be granted is governed by the same standard
applicable to motions to dismiss under Rule 12(b)(6) of the
Federal Rules of Civil Procedure. D'Agostino v. CECOM
RDEC, 436 Fed.Appx. 70, 72 (3d Cir. 2011) (citing
Tourscher v. McCullough, 184 F.3d 236, 240 (3d Cir.
commenced this action by filling out and mailing the standard
form frequently used by inmates to initiate a civil rights
actions pursuant to 42 U.S.C. § 1983. ECF No. 1-2.
Plaintiff identifies himself as an inmate incarcerated at the
Crawford County Correctional Facility and references an
underlying criminal action (CP-20-CR-166-2019) as the source
of his injury. Id. at 1. In response to a question
on the form asking which federal law has been violated,
Plaintiff states: “Injured, and wronged by Judge
Misconduct.” Id. at 2. The factual narrative
attached to his filing consists of only the following three
The Court of Common Pleas used burden that was placed
unforgiven with false facts to detain a person with cuffs.
The Court of Common Pleas used false facts to take a person