ROPER v. CARTER'S PRO QUALITY CLEANING, LLC, 2:24-cv-00972

Plaintiff Lashon M. Roper filed a civil action against Carter’s Pro Quality Cleaning, LLC and Nicholas Carter.
Roper also applied to proceed in forma pauperis (without paying court fees) and moved for the appointment of counsel.
The Court granted Roper’s motion to proceed in forma pauperis and considered his complaint as filed.
The Court reviewed the complaint under 28 U.S.C. § 1915, a screening process for merit.
Claims against Nicholas Carter were dismissed with prejudice; claims against Carter’s Pro Quality Cleaning, LLC were dismissed without prejudice and with leave to amend.
Roper was given 30 days to amend his complaint or notify the court that he wishes to stand on the original complaint.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Roper’s claims state a valid legal basis against Nicholas Carter	Roper alleges violations by Nicholas Carter	Not specified; court reviewed under screening standard	Dismissed with prejudice for failure to state a claim
Whether Roper’s claims state a valid legal basis against Carter’s Pro Quality Cleaning, LLC	Roper alleges violations by LLC	Not specified; court reviewed under screening standard	Dismissed without prejudice, may amend
Entitlement to proceed in forma pauperis	Roper seeks waiver of fees	Not opposed; court reviews application	Granted
Appointment of counsel for Roper	Roper requests appointment	Not specified	Denied as premature

Weber v. McGrogan, 939 F.3d 232 (3d Cir. 2019) (addressing procedures for dismissal when plaintiffs opt to stand on their original complaints)
In re Westinghouse Sec. Litig., 90 F.3d 696 (3d Cir. 1996) (affirming dismissal of claims after plaintiffs chose not to amend their complaint)
Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863 (3d Cir. 1984) (six-factor test for dismissals, clarified as not applicable to voluntary abandonment of claims)