United States District Court, D. New Mexico
MIKKO T. SEKIYA, Plaintiff,
MARK ZUCKERBERG and SHERYL SANDBERG, Defendants.
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS AND DISMISSING THE COMPLAINT
MATTER comes before the Court on pro se
Plaintiff's Application to Proceed in District Court
Without Prepaying Fees or Costs, Doc. 2, filed March 2, 2017
(“Application”) and on Plaintiff's Civil
Rights Complaint Pursuant to 42 U.S.C. § 1983, Doc. 1,
filed March 2, 2017 (“Complaint”). For the
reasons stated below, the Court will GRANT
Plaintiff's Application and DISMISS
Plaintiff's Complaint without prejudice.
Plaintiff shall have 21 days from entry of this Order to file
an amended complaint. Failure to timely file an amended
complaint may result in dismissal of this case without
to Proceed in forma pauperis
statute for proceedings in forma pauperis, 28 U.S.C.
§ 1915(a), provides that the Court may authorize the
commencement of any suit without prepayment of fees by a
person who submits an affidavit that includes a statement of
all assets the person possesses and that the person is unable
to pay such fees.
When a district court receives an application for leave to
proceed in forma pauperis, it should examine the papers and
determine if the requirements of [28 U.S.C.] § 1915(a)
are satisfied. If they are, leave should be granted.
Thereafter, if the court finds that the allegations of
poverty are untrue or that the action is frivolous or
malicious, it may dismiss the case[.]
Menefee v. Werholtz, 368 Fed.Appx. 879, 884 (10th
Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60
(10th Cir. 1962). “The statute [allowing a litigant to
proceed in forma pauperis ] was intended for the
benefit of those too poor to pay or give security for
costs....” Adkins v. E.I. DuPont de Nemours &
Co., 335 U.S. 331, 344 (1948). While a litigant need not
be “absolutely destitute, ” “an affidavit
is sufficient which states that one cannot because of his
poverty pay or give security for the costs and still be able
to provide himself and dependents with the necessities of
life.” Id. at 339.
Court will grant Plaintiff's Application to Proceed in
District Court Without Prepaying Fees or Costs. Plaintiff
signed an affidavit stating he is unable to pay the costs of
these proceedings and provided the following information: (i)
Plaintiff is unemployed and has no income; (ii) Plaintiff has
no cash and no funds in bank accounts; and (iii) Plaintiff
has no assets. The Court finds that Plaintiff is unable to
pay the costs of this proceeding because he is unemployed,
and has no income, cash or assets.
of Proceedings In Forma Pauperis
statute governing proceedings in forma pauperis
requires federal courts to dismiss an in forma
pauperis proceeding that “is frivolous or
malicious; ... fails to state a claim on which relief may be
granted; ... or seeks monetary relief against a defendant who
is immune from such relief.” See 28 U.S.C.
§ 1915(e)(2). “[P]ro se litigants are to be given
reasonable opportunity to remedy the defects in their
pleadings.” Hall v. Bellmon, 935 F.2d 1106,
1110 n.3 (10th Cir. 1991).
asserts invasion of privacy and defamation claims against
Defendant Mark Zuckerberg, Chairman and founder of Facebook,
and Defendant Sheryl Sandberg, Chief Operating Officer of
Facebook. Plaintiff alleges that Defendant Zuckerberg allowed
Plaintiff's Facebook accounts continue to be active
without Plaintiff's approval, that Facebook “has
let certain videos be shown that should have not been and
goes aginst [their] whole polic[y] of showing anything that
goes against moralistic values and or sexual content, ”
and that Plaintiff does not have access to his Facebook
accounts. None of the factual allegations mention Defendant
Plaintiff previously filed a complaint against Facebook based
on the same facts:
Defendant owner of Facebook/unknown . . . is the one who has
not shut my Facebook down. . . . .
The case consist[s] of numerous videos being showed on
Facebook of my day to day life in the rest room, shower, even
having sex etc. Violating my privacy act. . . . .
Three Facebook accounts under my name Mikko Sekiya, that I
can not log into and have not been able to for the ...