Torrez v. Equifax Information Services LLC

• Court: District Court, D. Arizona
• Decided: September 29, 2025
• Docket: 4:25-cv-00520
• Status: Unknown

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Fredrick Torrez, No. CV-25-0520-TUC-EJM 10 Plaintiff, 11 v. ORDER

12 Equifax Information Services LLC, 13 Defendants. 14 On September 17, 2025, Plaintiff Fredrick Torrez filed a pro se Complaint (Doc. 15 1). Plaintiff did not immediately pay the $405.00 civil action filing fee but filed an 16 Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) 17 (Doc. 2). 18 19 I. APPLICATION TO PROCEED IN FORMA PAUPERIS 20 The Court may allow a plaintiff to proceed without prepayment of fees when it is 21 shown by affidavit that he “is unable to pay such fees[.]” 28 U.S.C. § 1915(a)(1). 22 Plaintiff’s statement, made under penalty of perjury, establishes that Plaintiff is without 23 sufficient earned income and has no assets. The Court finds Plaintiff is unable to pay the 24 fees. The Application to Proceed in District Court Without Prepaying Fees or Costs 25 (Doc. 2) will be granted. 26 27 II. STATUTORY SCREENING OF PLAINTIFF’S COMPLAINT 28 This Court is required to dismiss a case if the Court determines that the allegation 1 of poverty is untrue, 28 U.S.C. § 1915(e)(2)(A), or if the Court determines that the action 2 “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or 3 (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 4 U.S.C. § 1915(e)(2)(B). 5 A pleading must contain a “short and plain statement of the claim showing that the 6 pleader is entitled to relief[.]” Rule 8(a), Fed. R. Civ. P. While Rule 8 does not demand 7 detailed factual allegations, “it demands more than an unadorned, the-defendant- 8 unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). 9 “Threadbare recitals of the elements of a cause of action, supported by mere conclusory 10 statements, do not suffice.” Id. Where the pleader is pro se, however, the pleading 11 should be liberally construed in the interests of justice. Johnson v. Reagan, 524 F.2d 12 1123, 1124 (9th Cir. 1975); see also Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010). 13 Nonetheless, a complaint must set forth a set of facts that serves to put defendants on 14 notice as to the nature and basis of the claim(s). See Brazil v. U.S. Dept. of Navy, 66 F.3d 15 193, 199 (9th Cir. 1995). 16 A “complaint [filed by a pro se plaintiff] ‘must be held to less stringent standards 17 than formal pleadings drafted by lawyers.’” Hebbe, 627 F.3d at 342 (quoting Erickson v. 18 Pardus, 551 U.S. 89, 94 (2007) (per curiam)). “Rule 8(a)’s simplified pleading standard 19 applies to all civil actions, with limited exceptions.” Swierkiewicz v. Sorema N.A., 534 20 U.S. 506, 513 (2002). “Given the Federal Rules’ simplified standard for pleading, ‘[a] 21 court may dismiss a complaint only if it is clear that no relief could be granted under any 22 set of facts that could be proved consistent with the allegations.’” Id. at 514 (quoting 23 Hishon v. King & Spaulding, 467 U.S. 69, 73 (1984)) (alterations in original); see also 24 Johnson, et al. v. City of Shelby, Mississippi, 574 U.S. 10, 11 (2014) (“Federal pleading 25 rules call for ‘a short and plain statement of the claim showing that the pleader is entitled 26 to relief,’ Fed. Rule Civ. Proc. 8(a)(2); they do not countenance dismissal of a complaint 27 for imperfect statement of the legal theory supporting the claim asserted”). 28 . . . 1 III. PLAINTIFF’S COMPLAINT 2 Plaintiff’s Complaint (Doc. 1) contains a single count for alleged violations of the 3 Fair Credit Reporting Act. See 15 U.S.C. § 1681 et seq. The Court finds that the 4 Complaint (Doc. 1) provides sufficient detail to put Defendant on notice of Plaintiff’s 5 claim against it. Accordingly, the Court will order service of the Complaint (Doc. 1). 6 Because the Court has granted Plaintiff in forma pauperis status, it will direct the United 7 States Marshals Service to serve his Complaint. Fed. R. Civ. P. 4(c)(3). 8 9 IV. CONCLUSION 10 Accordingly, IT IS HEREBY ORDERED that: 11 (1) Plaintiff’s Application to Proceed in District Court Without Prepaying Fees 12 or Costs (Doc. 2) is GRANTED. 13 (2) The Clerk of Court must send Plaintiff a service packet including the 14 Complaint (Doc. 1), this Order, and both summons and request for waiver forms for 15 Equifax Information Services, LLC. 16 (3) Plaintiff shall complete and return the service packet to the Clerk of Court 17 within twenty-one (21) days of the date of filing of this Order. The United States 18 Marshal will not provide service of process if Plaintiff fails to comply with this Order. 19 (4) Upon receipt of the completed service packet, the Clerk shall issue 20 summons and the United States Marshal shall serve a copy of the Complaint, Summons, 21 and this Order upon Defendant pursuant to Rules 4(e) and 4(j)(2) of the Federal Rules of 22 Civil Procedure at government expense. 23 (5) The United States Marshal must retain the Summons, a copy of the 24 Complaint, and a copy of this Order for future use. 25 (6) The United States Marshal must notify Defendant of the commencement of 26 this action and request waiver of service of the summons pursuant to Rule 4(d) of the 27 Federal Rules of Civil Procedure and Rule 4.1(c) of the Arizona Rules of Civil 28 Procedure. The notice to each Defendant must include a copy of this Order. The || Marshal must immediately file requests for waivers that were returned as undeliverable and waivers of service of the summons. If a waiver of service of summons is not || returned by a Defendant within thirty (30) days from the date of the request for waiver sent by the Marshal, the Marshal must: 5 (a) personally serve a copy of the Summons, Complaint, and this Order 6 upon Defendant, at Government expense, pursuant to Rules 4(e) and 4(4)(2) 7 of the Federal Rules of Civil Procedure; and 8 (b) within ten (10) days after personal service is effected, file the return of 9 service for Defendant, along with evidence of the attempt to secure a 10 waiver of service of the summons and of the costs subsequently incurred in 11 effecting service upon Defendant. The costs of service must be enumerated 12 on the return of service form (USM-285) and must include the costs 13 incurred by the Marshal for photocopying additional copies of the 14 Summons, Complaint, or this Order and for preparing new process receipt 15 and return forms (USM-285), if required. Costs of service will be taxed 16 against the personally served Defendant pursuant to Rule 4(d)(2) of the 17 Federal Rules of Civil Procedure, unless otherwise ordered by the Court. 18 (7) A Defendant who agrees to waive service of the Summons and 19 || Complaint must return the signed waiver forms to the United States Marshal, not the Plaintiff. 21 (8) | Defendant must answer the Complaint or otherwise respond by appropriate 22 || motion within the time provided by the applicable provisions of Rule 12(a) of the Federal 23 || Rules of Civil Procedure. 24 Dated this 29th day of September, 2025. Soa [) Wha C_ 26 Eric J. Makovich 27 United States Magistrate Judge 28