United States District Court, E.D. Missouri
MEMORANDUM AND ORDER
CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE
matter is before the Court upon the motion of plaintiff
Charmane Smith for leave to proceed in forma
pauperis. (Docket No. 2). Upon review of the financial
affidavit plaintiff submitted in support of the motion, the
Court has determined that plaintiff is unable to pay the
filing fee. 28 U.S.C. § 1915. The motion will therefore
be granted. In addition, plaintiff will be allowed the
opportunity to submit an amended complaint.
28 U.S.C. § 1915(e), the Court is required to dismiss a
complaint filed in forma pauperis if it is
frivolous, malicious, or fails to state a claim upon which
relief can be granted. To state a claim for relief, a
complaint must plead more than “legal
conclusions” and “[t]hreadbare recitals of the
elements of a cause of action [that are] supported by mere
conclusory statements.” Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009). A plaintiff must demonstrate a
plausible claim for relief, which is more than a “mere
possibility of misconduct.” Id. at 679.
“A claim has facial plausibility when the plaintiff
pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the
misconduct alleged.” Id. at 678. Determining
whether a complaint states a plausible claim for relief is a
context-specific task that requires the reviewing court to
draw upon its judicial experience and common sense.
Id. at 679.
commenced this action in this Court on November 28, 2016,
naming MasterCard International as defendant. It is notable
that plaintiff has been a very frequent pro se and
in forma pauperis litigator in other United States
District Courts, with one such Court noting her history of
having filed “numerous, patently meritless
actions.” Smith v. Dell, 2007 WL 3232037 at *1
(W.D. Tenn. October 31, 2007).
alleges federal subject matter jurisdiction on the basis of
diversity of citizenship pursuant to 28 U.S.C. § 1332.
For her claims against defendant, plaintiff alleges as
My bank account(s) were hijacked and money was stolen by
black hat hackers (online organized criminal gang). Security
flaws of my credit and debit cards and linked accounts
enabled tortious interference by the hackers - which caused
me to be locked out of my accounts, theft from the accounts,
and incorrect billing entries.
seeks “actual, compensatory, continuing, consequential,
lost expected benefit, per diem, attorneys fees, court &
litigation fees, lawsuit funding fees, monetary & trebled
damages - in the sum of $1, 000, 000.00 or more.”
(Id. at 4). As the reason for seeking the amount
claimed, plaintiff wrote:
$1, 000, 00.00 monetary damages
Damages have accrued for at least 5 years
Damage to my personal & professional credit rating &
viability has hindered my ...