Killion v. Anderson

Background

The court reviewed a report and recommendation from United States Magistrate Judge David T. Schultz. The magistrate judge recommended dismissing Octavia Killion’s complaint without prejudice for failure to state a claim. A dismissal without prejudice generally does not bar refiling, although the opinion does not discuss any refiling requirements. The magistrate judge also recommended denying Killion’s application to proceed without prepaying the filing fee and requiring her to pay the unpaid balance of the filing fee.

Objections and analysis

Killion proceeded without a lawyer. The district court stated that it would read her filing liberally, meaning it would interpret it generously so her claims could be considered under the proper legal framework. The court also stated that it could not supply missing facts or create legal theories for her.

The court concluded that Killion’s objections were not specifically or coherently stated. As best the court could tell, she generally disagreed with the magistrate judge’s analysis and conclusions but did not identify specific objections requiring discussion. The court therefore adopted the report and recommendation in its entirety.

Ruling

The court overruled Killion’s objections and adopted the report and recommendation. It dismissed the case without prejudice under 28 U.S.C. § 1915A(b)(1), denied her application to proceed without prepaying the filing fee, and withdrew as moot an earlier order extending the deadline for supporting documentation. The court also required Killion to pay the unpaid balance of the action’s statutory filing fee—$350—in the manner required by 28 U.S.C. § 1915A(b)(2), and directed the clerk to notify the authorities at the institution where she was confined. Judge David S. Doty ordered that judgment be entered accordingly.