Automated Summary
Key Facts
Plaintiff Jasmine Hill filed a civil action against Philadelphia Housing Authority and other defendants in the United States District Court for the Eastern District of Pennsylvania. On July 31, 2025, the Court granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, deemed the complaint filed, and then dismissed the complaint without prejudice. The Court ordered Hill to either file an amended complaint within thirty days identifying all defendants and stating the basis for claims against each, or file a notice to stand on the original complaint. If Hill fails to file any response to this Order, the Court will issue a final order dismissing the case.
Issues
The court dismissed the plaintiff's complaint without prejudice, granting her 30 days to file an amended complaint that identifies all defendants and states the basis for claims against each. The court explained that if the plaintiff does not amend or file a notice to stand on the original complaint, the case will be dismissed. The court also noted that the six-factor Poulis test does not apply to dismissals based on a plaintiff's intention to stand on their complaint.
Holdings
The Court dismissed the Complaint without prejudice, granting Plaintiff Jasmine Hill leave to proceed in forma pauperis and allowing her to file an amended complaint within thirty (30) days. The Court directed that the Complaint be marked as participant-view only due to containing a minor child's name, and instructed that if Hill fails to respond or file an amended complaint, the case will be dismissed.
Remedies
- If Plaintiff does not wish to amend her Complaint and intends to stand on her Complaint as originally pled, she may file a notice with the Court within thirty (30) days of the date of this Order stating that intent, at which time the Court will issue a final order dismissing the case. Any such notice should be titled 'Notice to Stand on Complaint,' and shall include the civil action number for this case.
- Plaintiff may file an amended complaint within thirty (30) days of the date of this Order. Any amended complaint must identify all defendants in the caption and state the basis for claims against each defendant. The amended complaint shall be a complete document that does not rely on the initial Complaint or other papers filed in this case to state a claim.
- The Complaint is deemed filed
- Leave to proceed in forma pauperis is granted pursuant to 28 U.S.C. § 1915
Legal Principles
The court applies the 'stand on the complaint' doctrine, holding that when a plaintiff refuses to amend their complaint, the court may dismiss the case without applying the Poulis six-factor test. This is distinct from dismissals under Federal Rule of Civil Procedure 41(b) for failure to comply with court orders. The court may also infer a plaintiff's intent to stand on their complaint from inaction after an order directing them to cure defects.
Precedent Name
- Weber v. McGrogan
- Baker v. Accounts Receivables Mgmt., Inc.
- Elansari v. Altria
- Dickens v. Danberg
- Borelli v. City of Reading
Cited Statute
- Federal Rules of Civil Procedure
- United States Code Title 28
Judge Name
Judge Mia R. Perez
Passage Text
- The Complaint is DISMISSED WITHOUT PREJUDICE for the reasons in the Court's Memorandum.
- Hill may file an amended complaint within thirty (30) days of the date of this Order. Any amended complaint must identify all defendants in the caption of the amended complaint in addition to identifying them in the body of the amended complaint and shall state the basis for Hill's claims against each defendant.
- If Hill fails to file any response to this Order, the Court will conclude that Hill intends to stand on her Complaint and will issue a final order dismissing this case.