Feimster v. Westinghouse Air Brake Technologies Corporation

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DIVISION OF ARKANSAS CENTRAL DIVISION CARRIE DAWN RAPER PLAINTIFF V. No. 4:23-CV-00446-BRW TIM NICHOLS DEFENDANT ORDER A district court has the authority to dismiss a case sua sponte for failure to state a claim.1 Plaintiff’s complaint asserts claims substantially similar to those made in her amended complaint in a previous case.2 That case was dismissed for failure to state a claim.3 Because Plaintiff’s complaint is nonsensical, frivolous, and states no cause of action against Defendant for which relief may be granted, this case is DISMISSED. The motion to

proceed in forma pauperis (Doc. No. 1) is MOOT. IT IS SO ORDERED this 31st day of July, 2023.

Billy Roy Wilson UNITED STATES DISTRICT JUDGE

1See Smith v. Boyd, 945 F.2d 1041 (8th Cir. 1991). 2Raper v. Nichols, No. 4:23-CV-00423-BRW (E.D. Ark.), Doc. No. 7. 3Id. at Doc. No. 10.