Veronica W. Ogunsula v. William P. Barr, Attorney General, et al.
SocialSecurity DueProcess
What is the meaning of 28-U.S.C.-Section-1915-(e)-(2)-(b)-(ii)
QUESTIONS PRESENTED 1. What is the meaning of 28 U.S.C. Section 1915 (e) (2) (b) (ii), “fails to state a claim on which relief can be granted”, as it relates to Rule 12 (b) (6)? Is there a significant difference in the procedural process for dismissing civil rights claims under the two statutes? 2. Are the in forma pauperis plaintiffs precluded from receiving notice, an opportunity to respond, and leave to amend because they filed under in forma pauperis statute when their claims are neither ; frivolous nor malicious? Should the Court dismiss an informa pauperis complaint’s defendants, claims, or the entire complaint without notice, an opportunity to respond, or leave to amend? 3. Does federal pleading rules, and Rule 8 (a) specifically, provide for dismissal of a complaint or claim without notice for asserting an incorrect statute or defective legal theory supporting the claim asserted?