United States District Court, D. Hawaii
FINDINGS AND RECOMMENDATION TO DISMISS COMPLAINT AND
DENY APPLICATION TO PROCEED IN FORMA PAUPERIS
TRADER UNITED STATES MAGISTRATE JUDGE
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”).
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.
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
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.
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 now turns to Plaintiff's Complaint and Application.
Dismissal of the Complaint
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
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted;
(iii) seeks monetary relief against a defendant who is immune