Friday, March 23, 2012

pleading - pro se, ifp claimant - frivolous complaint - dismissal

Parran v. Rozum - Cmwlth. Court - March 23, 2012 - unpublished memorandum decision

The "allegations of a pro se complainant are held to a less stringent standard than that applied to pleadings filed by attorneys." Danyish v. Dep’t of Corrs., 845 A.2d 260, 262-63 (Pa. Cmwlth. 2004), aff’d, 584 Pa. 122, 881 A.2d 1263 (2005). However, the allegations still have to articulate a factual or legal basis to support his claims. Thomas v. Holtz, 707 A.2d 569 (Pa. Cmwlth. 1998).

If, simultaneous with the commencement of an action or proceeding or the taking of an appeal, a party has filed a petition for leave to proceed in forma pauperis, the court prior to acting upon the petition may dismiss the action, proceeding or appeal if the allegation of poverty is untrue or if it is satisfied that the action, proceeding or appeal is frivolous. Bundy v. Beard, 924 A.2d 723, 726 n.7 (Pa. Cmwlth.) (citing Pa.R.C.P No. 240(j)), aff’d, 596 Pa. 103, 941 A.2d 646 (2007).


The opinion, though not reported, may be cited "for its persuasive value, but not as binding precedent." 210 Pa. Code § 67.55. Citing Judicial Opinions.