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Edwards v. Seago

United States District Court, S.D. Mississippi, Northern Division

March 7, 2018

KIMBERLY EDWARDS PLAINTIFF
v.
DR. DAVID SEAGO DEFENDANT

          REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

          Linda R. Anderson UNITED STATES MAGISTRATE JUDGE

         This cause is before the Court on the Motion to Proceed In Forma Pauperis filed by Kimberly Edwards [hereinafter "Plaintiff"], an adult resident of Pickens, Holmes County, Mississippi. Plaintiff filed a Complaint against Dr. David Seago, a resident of Madison County, Mississippi. She utilized a form Complaint for pro se litigants in civil cases ["Pro Se 1 (Rev. 12/16) Complaint for a Civil Case"]. She does not state either party's citizenship, other than to give their addresses in Mississippi.

         Examining only Plaintiff's income and expenses, the undersigned finds that she is entitled to proceed without the prepayment of fees. She is unemployed and has no income or property, and her motion should be granted. Where the plaintiff's financial information shows that a filing fee would cause "undue financial hardship, " the district court has discretion to reduce or waive the fee. Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).

         Granting Plaintiff in forma pauperis status to proceed with this lawsuit in federal court also permits the Court to dismiss the case at any time if it determines that the Complaint fails to state a claim on which relief may be granted. 28 U.S.C. §1915(e)(2)(B). This statute applies equally to prisoner and non-prisoner cases. Newsom v. EEOC, 301 F.3d 227, 231-33 (5th Cir. 2002). The case may also be dismissed at any stage if there is no basis for federal subject matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3).

         In her Complaint, III., Statement of Claim, Plaintiff 's verbatim charge is as follows:

On 7/11/2008 I had a oral reconstruction surgery, to align the jaw bones, after the surgery I woke up and sat up in the bed and blood went to draining down my nose for a couple hours. My family had to hold this lil suction vaccum to my nose to try to control the bleeding.

[1, p. 3].

         She continued under the section which states "[t]he acts or omissions caused or contributed to the cause of the plaintiff's injuries by (explain), " stating:

After the surgery and us telling Dr. Seago about the bleeding. He assured me that everything was okay as the years went by I lost my sense. 2016 I can't hardly breathe out one nostril, and has had some blood clots fall from mouth which I cough upped after I was struck in the left maxfollio area. My sinus are horrible, pressure is always around my ears, neck, head, and cheeks. I also have since then start snoring.

[1, p. 3].

         Under Section IV., "Relief, " Plaintiff alleged:

32 million dollars worth of damages. I have loss most of my sense of smelling, developed a sleeping problem, sinitus, snoring, and bloodclots.

[1, p. 3].

         On page 4 of her Complaint, Plaintiff marked that her basis for jurisdiction in this Court was a federal question under 28 U.S.C. § 1331. When required to state the specific federal statutes, federal treaties, and/or provisions of the United ...


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