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Darden v. Infinity Insurance Co.

United States District Court, E.D. Louisiana

May 9, 2018

RAHSAAN BRANDON DARDEN
v.
INFINITY INSURANCE COMPANY

         SECTION: “S” (3)

          REPORT AND RECOMMENDATION

         Considering the Application to Proceed In Forma Pauperis [Doc. #3], IT IS ORDERED that:

         X the motion is GRANTED; the party is entitled to proceed in forma pauperis.

         [] the motion is MOOT; the party was previously granted pauper status.

         [] the motion is DENIED; the party has sufficient funds to pay the filing fee.

         [] the motion is DENIED; the party is not entitled to proceed in forma pauperis for the listed reasons:

         _________________

         _________________

         _________________

         The Clerk of Court is directed to withhold summons.

         Pro se plaintiff Rahsaan Brandon Darden filed the above-captioned matter in this Court. While the complaint is far from clear or lucid, it appears that Darden seeks to remove a civil action to this Court from the Jefferson County Courthouse located in Birmingham, Alabama. While the notice of removal - as it is entitled - is entirely deficient given that Darden has failed to include any state court records with the notice or his response to the clerk's office, see 28 U.S.C. § 1447(b); E.D, La. Loc. R. 3.2, marking Darden's notice as deficient and allowing him to attempt to cure it would be an exercise in futility. Darden is a frequent filer in federal court - as demonstrated by the plethora of cases listed on the national Pacer website - and allowing him to continue here would be an ineffectual use of this Court's limited resources.

         28 U.S.C. § 1915(e)(2)(B) provides for summary dismissal sua sponte, should the Court determine that a case is frivolous. Section 1915(e)(2)(B) provides in pertinent part as follows:

(2) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if ...

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