Title: Tracy Elise, Plaintiff, v. State of Arizona, Defendant.
Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Case Number: CV 21-00020-PHX-MTL (JZB)
Date: Feb 18, 2021
Fact:
On January 4, 2021, Plaintiff Tracy Elise, who is not in custody, filed a pro se “Motion to Extend Time to File Initial Brief,” an Application to Proceed In District Court Without Prepaying Fees or Costs, and a Motion to Allow Electronic Filing by Party Appearing Without an Attorney. To facilitate consideration of the Motion to Extend Time, the Clerk of Court docketed it as a civil rights Complaint pursuant to 42 U.S.C. § 1983. In a January 14, 2021 Order, the Court granted the Application to Proceed and the Motion to Allow Electronic Filing, denied the Motion to Extend Time, and gave Plaintiff 30 days to file a Complaint.
Issue;
Whether the allegations made by the plaintiff in her civil rights complaint state a claim on which relief may be granted under 28 U.S.C. § 1915(e)(2).
IT IS ORDERED:
(1) The Complaint (Doc. 6) is dismissed for failure to state a claim pursuant to 28 U.S.C. § 1915A(b)(1), and the Clerk of Court must enter judgment accordingly.
(2) The docket shall reflect that the Court, pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rules of Appellate Procedure 24(a)(3)(A), has considered whether an appeal of this decision would be taken in good faith and certifies that an appeal would not be taken in good faith for the reasons stated in the Order and because there is no arguable factual or legal basis for an appeal.
Dated this 18th day of February, 2021.