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Hickerson Estate v. Board of Veteran Appeal

United States District Court, W.D. Louisiana, Lake Charles Division

November 25, 2014

HICKERSON ESTATE, ET AL
v.
BOARD OF VETERAN APPEAL, ET AL. HICKERSON ESTATE, ET AL
v.
NEW ORLEANS VA REGIONAL OFFICE, ET AL

MEMORANDUM ORDER

KATHLEEN KAY, Magistrate Judge.

Before the court are two complaints filed in forma pauperis by pro se plaintiffs Shelby Hickerson and Staci Hickerson[1]. Plaintiffs' complaints entitled "Verified Civil Rights Complaint" allege violations of numerous constitutional rights and federal statutory provisions.[2] See Doc. 1, ¶¶ 2, 3. As defendants, plaintiffs name the Board of Veteran Appeal, Board of Veteran Affairs, Congressman Andre Carson, United States of America, Does 1-100, Doe Corporations 1-100, Doe Entities 1-100, Disabled American Veterans, Donna Surrett, Kim Rudolph, Nathan Bennett, Ms. Craig, Supervisor Eric and Hilmer Herman [in No. 2:14-cv-2652], and the New Orleans VA Regional Office, Indianapolis VA Regional Office, Congressman Andre Carson, DFAS Cleveland, Michael R. Stephens, Louis Wagner, Leonard Wallace, Donna Surrett, Jarnell Craig, Yvonne Hamilton, Robert Dean Slicer, Ena J. Lima, Dean Slicer, Donna J. Morton, Does 1-100, Doe Corporations 1-100, and Doe Entities 1-100 [in No.2:14-cv-2815].

Plaintiffs have been granted leave to proceed in forma pauperis under 28 U.S.C. §1915. Because they have been granted pauperis status under 28 U.S.C. §1915(e)(2) a district court is directed to review the action and dismiss it before service on the defendants if the court determines that:

(e)(2) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that-
(A) the allegation of poverty is untrue; or
(B) the action or appeal-
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune from such relief.

28 U.S.C. § 1915(e)(2). Consequently, this court will conduct a preliminary review of the complaint before service on defendants.

I.

Summary of the Complaint

While the allegations contained in the complaints are vague and it is difficult to discern the exact contours of the plaintiffs' claims, it appears that the plaintiffs' father, who is now deceased, was a disabled veteran. At some point in time he applied for disabled veteran benefits. He appealed a decision of the Department of Veterans Affairs in 2003 and was awarded benefits in September 2010. Plaintiffs allege that the decedent's family received the benefits in June 2014. Plaintiffs are ...


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