Opinion
No. 01-2251
August 3, 2001
The Court is in receipt of pro se and in forma pauperis plaintiffs Motion on Pleading in which plaintiff seeks redress against the State of Louisiana and its Family Grant Program and LB Savoie. In the "Motion on Pleading" plaintiff makes general allegation of criminal mischief apparently arising out of L.B. Savoie's actions. He states, "Her action are malice, doesn't excercise (sic) a limited standard of care, diligence and piss-poor attune (sic). and sour-puss attitude (sic)." He then requests and emergency status conference without any explanation as to what relief he seeks.
A review of the complaint states in its entirety:
Now into court comes plaintiff in above caption stating that registration #910366585 was treated unfair and basis by L.B. Savoie-Grant coordinating officer employee of Individual and Family Grant Program. Criminal processing will follow. We Pray for relief. Misuse of Federal Funds!
It is well established that a district court may sua sponte dismiss an action for failure to state a claim upon which relief can be granted. See Bazrowx v. Scott, 136 F.3d 1053 (5th Cir. 1998); First Gibraltar Bank v. Smith, 62 F.3d 133 (5Lh Cir. 1995); Shawnee International v. Hondo Drilling Co., 742 F.2d 234 (5th Cir. 1984); Goosman v. Foti, 2000 WL 423902 (E.D. La. 4/18/00); Texas Carpenters Health Benefit Fund v. Philip Morris. Inc., 21 F. Supp.2d 664 (E.D. Tex. 1998). Thus, [e]ven if a party does not make a formal motion, the court on its own initiative may note the inadequacy of the complaint and dismiss it for failure to state a claim as long as the procedure employed is fair." Wright Miller, Federal Practice and Procedure: Civil 2d § 1357, p. 301. The Fifth Circuit has stated that fairness is achieved when the plaintiff is given an opportunity to amend, unless the plaintiff has alleged his best case, or if the dismissal was without prejudice. Bazrowx, 136 F.3d at 1054. Accordingly,
IT IS ORDERED that plaintiffs complaint is DISMISSED WITHOUT PREJUDICE.