Prater v. Google
3:25-cv-00461
N.D. Ind.May 29, 2025Background
- Plaintiff Donald Prater filed a pro se complaint in the U.S. District Court for the Northern District of Indiana.
- Prater did not pay the filing fee or submit a motion to proceed in forma pauperis when filing.
- Prater’s complaint alleges that several corporations (including Google, Cash App, PayPal, Samsung, Robin Hood, and Coin Base) improperly shared his information, causing him harm, and that several government organizations failed to investigate his identity theft complaints.
- The court found Prater’s pleading did not comply with federal pleading standards and did not establish the court’s jurisdiction.
- The court also could not discern any specific or plausible claims based on the facts provided.
- The court afforded Prater leave to amend his complaint and resolve his filing fee status by a set deadline, warning that failure to do so would result in dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject matter jurisdiction | Not clearly stated—implies federal question and diversity | Not present | Court finds no basis for jurisdiction in the complaint |
| Failure to state a claim | Alleges information-sharing and harm | Not present | Court finds complaint fails to state a plausible claim |
| Compliance with federal pleading standards | None articulated | Not present | Complaint does not meet Rule 8 requirements |
| Failure to investigate by authorities | Claims civil rights violations through lack of action | Not present | No recourse for lack of investigation by authorities |
Key Cases Cited
- Erickson v. Pardus, 551 U.S. 89 (pro se complaints construed liberally, but must still meet basic pleading standards)
- Kyle v. Patterson, 196 F.3d 695 (pro se litigants held to procedural rules)
- Hoskins v. Poelstra, 320 F.3d 761 (courts have authority to dismiss frivolous suits)
- McCready v. eBay, Inc., 453 F.3d 882 (jurisdictional basis must be stated affirmatively and distinctly)
