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Iyonsi v. United States

United States District Court, D. Hawaii

September 20, 2019

ORIGHOYE DENNIS IYONSI, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          FINDINGS AND RECOMMENDATION TO DISMISS COMPLAINT AND DENY APPLICATION TO PROCEED IN FORMA PAUPERIS

          ROM A. TRADER UNITED STATES MAGISTRATE JUDGE

         Before the Court is Plaintiff Orighoye Dennis Iyonsi's Application to Proceed in District Court Without Prepaying Fees or Costs (“Application”). ECF No. 2. The Court finds this matter suitable for disposition without a hearing pursuant to Rule 7.1(c) of the Local Rules of Practice of the United States District Court for the District of Hawaii (“Local Rules”).

         After careful review of the Application, Complaint, and the supporting documents attached to the Complaint, the Court FINDS and RECOMMENDS that the Complaint fails to state a claim and should be DISMISSED WITHOUT PREJUDICE. The Court further FINDS and RECOMMENDS that the Application be DENIED WITHOUT PREJUDICE as moot.

         DISCUSSION

         Plaintiff is a pro se litigant. On August 12, 2019, Plaintiff filed a document titled “Brief for the United States as Amicus Curiae” (“Complaint”) and indicated on the document: “In the United States' Federal District Court of Hawaii” and “The State of Hawai'i of Appeals for the Federal District Circuit Court.” ECF No. 1. The Supreme Court has instructed the federal courts to liberally construe the “inartful pleading[s]” of pro se litigants. Boag v. MacDougall, 454 U.S. 364, 365 (1982). The Court will liberally construe Plaintiff's document as a Complaint even though the face of the document states: “Brief for the United States as Amicus Curiae.”

         The Court declines to construe Plaintiff's Complaint as motion for leave to file an amicus brief. An amicus curiae is defined as “[a] person who is not a party to a lawsuit but who petitions the court or is requested by the court to file a brief in the action because that person has a strong interest in the subject matter.” Amicus curiae, Black's Law Dictionary (9th ed. 2009). The court has broad discretion to appoint amicus curiae when there is an existing action. See Fed. R. App. P. 29; Hoptowit v. Ray, 682 F.2d 1237, 1260 (9th Cir. 1982). Here, there is no existing, underlying case to which Plaintiff is seeking to file his August 12, 2019 document. Thus, the Court finds it appropriate to construe Plaintiff's August 12, 2019 filing as his Complaint. If Plaintiff indeed intended his document be an amicus brief to a particular case, he must request for leave to file an amicus brief and he must file his request in that case.

         This court is neither an appellate court nor a state court. However, liberally construing Plaintiff's Complaint, the Court finds that Plaintiff intended to file his Complaint in this court even though his Complaint states “The State of Hawai'i of Appeals for the Federal District Circuit Court.”

         The Court now turns to Plaintiff's Complaint and Application.

         I. Dismissal of the Complaint

         Plaintiff seeks the Court's approval to proceed in forma pauperis. A court may authorize the commencement or prosecution of any suit or civil proceeding without prepayment of fees by a person who submits an affidavit that the person is unable to pay such fees. 28 U.S.C. §1915(a)(1). However, “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 ...

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