As he has done in the last couple of years with no success, Mr. Acosta sued without paying the required fees and then moved to proceed
in forma pauperis under
28 U.S.C. § 1915.
We granted him leave to proceed following review of his sworn but curious declaration of income and assets.
Congress requires, upon granting him leave to proceed without paying the fees, we must screen his complaint for merit. If his claim lacks merit, we dismiss before causing the Clerk of Court to issue summons, the Marshal to effect service, and the defendants to incur costs and fees in responding. When considering whether to dismiss a complaint for failure to state a claim under
§ 1915(e)(2)(B)(ii), we use the same standard used under
Federal Rule of Civil Procedure 12(b)(6).
“ ‘[A] complaint must contain sufficient factual allegations, taken as true, to ‘state a claim to relief that is plausible on its face.’ ”
“We accept all factual allegations in the complaint as true and construe those facts in the light most favorable to the plaintiff.”
We are directed by our Court of Appeals to be “mindful of our ‘obligation to liberally construe a
pro se litigant's pleadings ...’ ”