United States District Court, S.D. Mississippi, Northern Division
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE
R. Anderson UNITED STATES MAGISTRATE JUDGE
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
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).
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).
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].
continued under the section which states "[t]he acts or
omissions caused or contributed to the cause of the
plaintiff's injuries by (explain), "
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
[1, p. 3].
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].
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