Atamian v. Burns, 236 F. App'x 753 (3rd Cir. 2007). · Go Syfert
Atamian v. Burns, 236 F. App'x 753 (3rd Cir. 2007). Cases Citing This Book View Copy Cite
58 citation events (58 in the last 25 years) across 5 distinct courts.
Strongest positive: SAALIH v. PITTSBURGH POLICE (pawd, 2025-03-18)
Treatment trajectory · 2019 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) SAALIH v. PITTSBURGH POLICE
W.D. Pa. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
he screening procedures set forth in 1915(e) apply to complaints filed by prisoners and non-prisoners alike.
discussed Cited as authority (verbatim quote) DAVIS-EL v. KELLY
W.D. Pa. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
he screening procedures set forth in 1915(e) apply to complaints filed by prisoners and non-prisoners alike.
discussed Cited as authority (verbatim quote) DAVIS-EL v. ADAMS
W.D. Pa. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
he screening procedures set forth in 1915(e) apply to complaints filed by prisoners and non-prisoners alike.
discussed Cited as authority (verbatim quote) TICE v. WILSON
W.D. Pa. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
he screening procedures set forth in 1915(e) apply to complaints filed by prisoners and non-prisoners alike.
discussed Cited as authority (verbatim quote) ROSE-THOMPSON v. COMMONWEALTH OF PENNSYLVANIA
W.D. Pa. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
he screening procedures set forth in 1915(e) apply to complaints filed by prisoners and non-prisoners alike.
discussed Cited as authority (verbatim quote) ROSE-THOMPSON v. COMMONWEALTH OF PENNSYVLANIA
W.D. Pa. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
he screening procedures set forth in 1915(e) apply to complaints filed by prisoners and non-prisoners alike.
discussed Cited as authority (verbatim quote) GAMBOA v. COMMONWEALTH OF PENNSYLVANIA
W.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he screening procedures set forth in 1915(e) apply to complaints filed by prisoners and non-prisoners alike.
discussed Cited as authority (verbatim quote) GAMBOA v. COMMONWEALTH OF PENNSYLVANIA
W.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he screening procedures set forth in 1915(e) apply to complaints filed by prisoners and non-prisoners alike.
discussed Cited as authority (verbatim quote) SESCEY v. SESCEY
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) MOET v. UNITED STATES MILITARY
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) MOET v. PARLIMENT
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) SESCEY v. SESCEY
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) SESAY v. CYS/DELCO
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) MOET v. ROC NATION/KAMARA TURNEY FAMILY
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) SESAY v. MERCY FITZGERALD HOSPITAL
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) SESAY v. KAMARA
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) SESAY v. ROC NATION/MUSIC
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) SESAY v. XFINITY/COMCAST
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) MOET v. UNITED STATES MILITARY
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) SESAY. v. UNITED STATES MILITARY/ARMY
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) MOET v. SEPTA TRANSPORTATION
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) SESAY v. BIDEN ADMINISTRATION
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) SESCEY v. KAMARA
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) MOHAMED v. PROGRESSIVE ADVANCE INSURANCE COMPANY
E.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.
discussed Cited as authority (verbatim quote) SIMMONS v. CRAIG STREET BEER CO.
W.D. Pa. · 2021 · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints.
discussed Cited as authority (verbatim quote) MCCALL v. AMAZON
W.D. Pa. · 2020 · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints.
discussed Cited as authority (verbatim quote) MCCULLOUGH v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE
W.D. Pa. · 2020 · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints.
discussed Cited as authority (verbatim quote) SIMMONS v. MARKET DISTRICT
W.D. Pa. · 2020 · quote attribution · 1 verbatim quote · confidence high
he provisions of 1915(e) apply to all in forma pauperis complaints.
discussed Cited as authority (verbatim quote) Kennedy v. Borough of Minersville Pennsylvania
M.D. Penn. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
the screening procedures set forth in 28 u.s.c. 1915 (e) apply to in forma pauperis complaints filed by prisoners and non-prisoners alike
discussed Cited as authority (rule) Ashley Barber v. Elizabeth Eles, Lisa Graves, Howard Sissem, Valerie Kusiak, Dr. Desiree Lucas, Jamie Rodriguez, Amy Boylan, Shannon Anderson, James Hicks, CCPM Michael Cole, Cortney Nath
W.D. Pa. · 2026 · confidence medium
Appx. 10, 132 (3d Cir. 2008) (non- precedential) (noting that the statute's reference to prisoners in § 1915(a)(1) “appears to be a mistake” because IFP status is “afforded to all indigent persons, not just prisoners.”); Atamian v. Burns, 236 Fed.
discussed Cited as authority (rule) Dockery v. JP Morgan Chase Bank N.A.
M.D. Penn. · 2025 · confidence medium
Although enacted as part of the Prison Litigation Reform Act, “the provisions of § 1915(e)(2) apply to all IFP complaints, not simply those filed by prisoners.” Atamian v. Burns, 236 F. App'x 753, 755 (3d Cir. 2007)(citing Grayson v. Mayview State Hosp., 293 F.3d 103 , 114 n. 19 (3d Cir. 2002): Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000)).
discussed Cited as authority (rule) Dockery v. JP Morgan Chase Bank N.A.
M.D. Penn. · 2025 · confidence medium
Although enacted as part of the Prison Litigation Reform Act, “the provisions of § 1915(e)(2) apply to all IFP complaints, not simply those filed by prisoners.” Atamian v. Burns, 236 F. App'x 753, 755 (3d Cir. 2007)(citing Grayson v. Mayview State Hosp., 293 F.3d 103 , 114 n. 19 (3d Cir. 2002); Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000)).
discussed Cited as authority (rule) JACKSON v. WELLPATH
W.D. Pa. · 2024 · confidence medium
Appx. 10, 132 (3d Cir. 2008) (non-precedential) (noting that the statute’s reference to prisoners in § 1915(a)(1) “appears to be a mistake” because IFP status is “afforded to all indigent persons, not just prisoners.”); Atamian v. Burns, 236 Fed.
discussed Cited as authority (rule) Patelunas v. Estate of Anthony Lupas Jr.
M.D. Penn. · 2024 · confidence medium
Although enacted as part of the Prison Litigation Reform Act, “the provisions of § 1915(e)(2) apply to all IFP complaints, not simply those filed by prisoners.” Atamian v. Burns, 236 F. App'x 753, 755 (3c Cir. 2007)(citing Grayson v. Mayview State Hosp., 293 F.3d 103 , 114 n. 19 (3d Cir. 2002); Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000)).
discussed Cited as authority (rule) Patelunas v. United States
M.D. Penn. · 2024 · confidence medium
Although enacted as part of the Prison Litigation Reform Act, “the provisions of § 1915(e)(2) apply to all IFP complaints, not simply those filed by prisoners.” Atamian v. Burns, 236 F. App'x 753, 755 (3c Cir. 2007)(citing Grayson v. Mayview State Hosp., 293 F.3d 103, 114 . n. 19 (3d Cir. 2002); Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000)).
discussed Cited as authority (rule) Hertzog v. Mt. Carmel Township
M.D. Penn. · 2023 · confidence medium
DISCUSSION This Court has a statutory obligation to conduct a preliminary review of complaints brought by plaintiffs who proceed in forma pauperis.9 This obligation extends “to all in forma pauperis complaints,” even counseled, non-prisoner complaints.10 Under those provisions, the Court must dismiss a complaint if it fails to state a claim upon which relief may be granted.11 To determine whether a complaint states a plausible claim for relief, this Court must “accept all factual 4 Id. ¶¶ 13-14 . 5 Id. ¶ 15 . 6 Id. ¶ 16 . 7 Id. ¶ 20 . 8 Docs. 4, 8. 9 28 U.S.C. § 1915 (e)(2)(B). 10 …
discussed Cited as authority (rule) KAETZ v. UNITED STATES OF AMERICA
D.N.J. · 2023 · confidence medium
But “the provisions of § 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners,” Afamian v. Burns, 236 F. App’x 753, 755 (3d Cir, 2007); see also Lister v. Dep’t of Treasury, 408 F.3d 1309, 1312 (10th Cir, 2005) (‘Section 1915(a) applies to all persons applying for IFP status, and not just to prisoners.”); Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (“[S]ection 1915(e) applies to all in forma pauperis complaints, not just those filed by prisoners.”); Floyd y.
discussed Cited as authority (rule) GREEN v. IZOD CORPORATE OFFICE & HEADQUARTERS
D.N.J. · 2023 · confidence medium
Burns, 236 F. App’x 753, 755 (3d Cir. 2007) (collecting cases) (explaining that the provisions of § 1915 have been applied to the pleadings and applications to proceed in forma pauperis filed by non-prisoners).
discussed Cited as authority (rule) Monche v. Grill
M.D. Penn. · 2022 · confidence medium
The screening procedures set forth in the statute apply to in forma pauperis complaints filed by prisoners and non-prisoners alike.1 Under this statute, the Court is required to dismiss any action that is frivolous or malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a 1 See Atamian v. Burns, 236 F. App’x 753, 755 (3d Cir. 2007). defendant who is immune from such relief.2 There is no constitutional right to the expenditure of public funds and the valuable time of federal courts to prosecute an action which is totally without merit.3 After re…
discussed Cited as authority (rule) Brabham v. Owens
M.D. Penn. · 2022 · confidence medium
The screening procedures set forth in the statute apply to in forma pauperis complaints filed by prisoners and non- prisoners alike.2 Under this statute, the Court is required to dismiss any action that is frivolous or malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune from such relief.3 There is no constitutional right to the expenditure of public funds and the valuable time of federal courts to prosecute an action which is totally without merit.4 A complaint filed by a pro se litigant is to be liberally construed and…
cited Cited as authority (rule) MELEIKA v. CITY OF BAYONNE
D.N.J. · 2022 · confidence medium
Atamian v. Burns, 236 F. App'x 753, 755 (3d Cir. 2007).
cited Cited as authority (rule) MELEIKA v. BAYONNE POLICE DEPARTMENT
D.N.J. · 2022 · confidence medium
Atamian v. Burns, 236 F. App'x 753, 755 (3d Cir. 2007).
discussed Cited as authority (rule) MCCRACKEN v. BLEI
E.D. Pa. · 2022 · confidence medium
Vogt v. Wetzel, 8 F.4th 182, 185 (3d Cir. 2021) (citing Mala v. Crown Bay Marina, Inc., 704 F.3d 239, 244-45 (3d Cir. 2013)). 9 Though the Prison Litigation Reform Act amended section 1915, “the provisions of § 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners.” Atamian v. Burns, 236 F. App'x 753, 755 (3d Cir. 2007); see also Grayson v. Mayview State Hosp., 293 F.3d 103 , 113 n.19 (3d Cir. 2002) (“non-prisoner indigent plaintiffs” are within the scope of 1915(e)(2)).
discussed Cited as authority (rule) SADDLER v. PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY UNEMPLOYMENT DIVISION
E.D. Pa. · 2021 · confidence medium
No. 4. 5 28 U.S.C. § 1915 (e)(2)(B)(ii). 6 Ibrahim v. New Jersey Office of Attorney Gen., No. 21-1129, 2021 WL 3012670 , at *1 n.6 (3d Cir. July 16, 2021) (citing Grayson v. Mayview State Hosp., 293 F.3d 103 , 114 n. 19 (3d Cir. 2002); Atamian v. Burns, 236 F. App’x 753, 755 (3d Cir. 2007). 7 Elansari v. Univ. of Pennsylvania, 779 F. App’x 1006 , 1008 (3d Cir. 2019) (citing Allah v. Seiverling, 229 F.3d 220, 223 (3d Cir. 2000)). 8 Id. (quoting Fleisher v. Standard Ins.
cited Cited as authority (rule) MELEIKA v. CITY OF BAYONNE
D.N.J. · 2021 · confidence medium
Atamian v. Burns, 236 F. App'x 753, 755 (3d Cir. 2007).
cited Cited as authority (rule) MELEIKA v. INSTAGRAM
D.N.J. · 2021 · confidence medium
Atamian v. Burns, 236 F. App'x 753, 755 (3d Cir. 2007).
cited Cited as authority (rule) MELEIKA v. INSTAGRAM
D.N.J. · 2021 · confidence medium
Atamian v. Burns, 236 F. App'x 753, 755 (3d Cir. 2007).
cited Cited as authority (rule) MELEIKA v. CITY OF BAYONNE
D.N.J. · 2021 · confidence medium
Atamian v. Burns, 236 F. App'x 753, 755 (3d Cir. 2007).
cited Cited as authority (rule) LABONTE v. FORADORA
W.D. Pa. · 2021 · confidence medium
The screening procedures provided by § 1915(e) apply to all in forma pauperis complaints, “not simply those filed by prisoners.” Atamain v. Burns, 236 Fed.Appx. 753, 755 (3d Cir. 2017).
cited Cited as authority (rule) PAPIER v. EVOKE THERAPY PROGRAMS
D.N.J. · 2021 · confidence medium
Atamian v. Burns, 236 F. App'x 753, 755 (3d Cir. 2007).
Retrieving the full opinion text from the archive…
MD Gabriel G. ATAMIAN, Appellant
v.
Christopher D. BURNS
06-4372.
Court of Appeals for the Third Circuit.
May 24, 2007.
236 F. App'x 753
Gabriel G. Atamian, Dover, DE, pro se.
McKee, Fuentes, Weis.
Cited by 57 opinions  |  Unpublished

OPINION

PER CURIAM.

Appellant, Gabriel Atamian, appeals the District Court’s order dismissing his pro se civil rights complaint. Upon consideration of the record and Atamian’s submission to this Court, we conclude that the appeal presents no arguable issues of fact or law. Thus, we will dismiss it pursuant to 28 U.S.C. § 1915(e)(2)(B).

In March 2006, Atamian filed the underlying complaint pursuant to Title VI of the Civil Rights Act of 1964, alleging that defendant Christopher Burns, DDS, refused to render specialized dental care to him on account of his nationality and his status as a senior citizen. Atamian also asserted numerous supplemental state law claims. He sought compensatory damages in the amount of $250,000, as well as punitive damages.

Atamian was granted leave to proceed with his complaint in forma pauperis. In a Memorandum Order issued on May 24, 2006, 2006 WL 1431090, the District Court concluded that the federal claims Atamian asserted against Dr. Burns were subject to dismissal pursuant to 28 U.S.C. § 1915(e)(2)(B), given Atamian’s failure to allege in his pleadings that he was denied benefits or subject to discrimination under any program or activity receiving federal financial assistance as required by the Civil Rights Act. See 42 U.S.C. § 2000d. To the extent Atamian sought to pursue a claim under the Age Discrimination Act,[*755] the District Court noted that his pleadings suffered from the same fatal deficiency. See 42 U.S.C. § 6102. Finally, insofar as Atamian may have been attempting to raise a claim under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., the District Court concluded that Atamian failed 'to allege that he is a disabled person within the meaning of the ADA. Accordingly, the District Court determined that Atamian’s claims presented no arguable basis in law or fact, and that dismissal under § 1915(e)(2)(B) was appropriate. The court further declined to exercise jurisdiction over his supplemental state law claims. See De Asencio v. Tyson Foods, Inc., 342 F.3d 301, 309 (3d Cir. 2003).

Atamian filed a timely motion seeking to have the District Court reconsider its order of dismissal. The primary argument advanced by Atamian in support of reconsideration was his contention that the District Court erred in utilizing § 1915(e) to dismiss the complaint given the fact that Atamian is not a prisoner. The District Court denied Atamian’s reconsideration motion in an order entered on September 26, 2006. The court stated that the screening procedures set forth in 28 U.S.C. § 1915(e) apply to informa pauperis complaints filed by prisoners and non-prisoners alike and, thus, reconsideration was not warranted. The court further noted that Atamian’s motion failed to set forth any intervening chance in controlling law or new evidence that was not available when the dismissal order was entered, and that reconsideration was not needed to correct a clear error of law or fact or to prevent a manifest injustice. See Max’s Seafood Café v. Quinteros, 176 F.3d 669, 677 (3d Cir.1999).

Atamian timely filed this appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291. [1] Having reviewed the record and Atamian’s submission to this Court wherein he argues against summary disposition, we must agree with the District Court that the federal claims Atamian asserted against Dr. Burns were subject to dismissal pursuant to 28 U.S.C. § 1915(e)(2)(B). As the District Court correctly determined, Atamian failed to allege that he was denied benefits or was subject to discrimination under any program or activity receiving federal financial assistance as required by the Civil Rights and Age Discrimination Acts, see 42 U.S.C. §§ 2000d and 6102, and he likewise failed to allege that he is a disabled person within the meaning of the ADA. See 42 U.S.C. § 12101 et seq. We further conclude that the District Court did not abuse its discretion in denying Atamian’s reconsideration motion, see Max’s Seafood Café v. Quinteros, 176 F.3d at 673, as the provisions of § 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners. See, e.g., Grayson v. Mayview State Hosp., 293 F.3d 103, 114 n. 19 (3d Cir.2002)(non-prisoner indigent plaintiffs are “clearly within the scope of § 1915(e)(2)”). See also Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000)(§ 1915(e) applies to all in forma pauperis complaints, not just those filed by prisoners). We have' considered the[*756] other arguments advanced by Atamian and reject them without further discussion.

Given the foregoing, we will dismiss the instant appeal pursuant to 28 U.S.C. § 1915(e)(2)(B), as it is lacking in legal merit. Neitzke v. Williams, 490 U.S. 319, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).

1

. "Generally, an order which dismisses a complaint without prejudice is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action. Only if the plaintiff cannot amend or declares his intention to stand on his complaint does the order become final and appealable.” Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976). In the instant case, the District Court specifically determined that any amendment to the complaint would be futile. See Grayson v. Mayview State Hospital, 293 F.3d 103, 108 (3d Cir.2002). Thus, we have appellate jurisdiction over the appeal.