Haynie v. Experian Information Solutions Incorporated

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Howard Leon Haynie,
Plaintiff,
v.
Experian Information Solutions
Incorporated,
Defendant.
No. CV-25-00684-TUC-RM
ORDER
On December 10, 2025, Plaintiff Howard Leon Haynie filed a pro se Complaint
(Doc. 1), an Application for Leave to Proceed in Forma Pauperis (Doc. 2), and a Motion
to Allow Electronic Filing by a Party Appearing Without an Attorney (Doc. 3). The Court
will grant the Application for Leave to Proceed in Forma Pauperis and the Motion to Allow
Electronic Filing, and will order Defendant Experian Information Solutions, Incorporated
to answer Plaintiff’s Complaint.
I. Application for Leave to Proceed in Forma Pauperis
The Court may authorize the commencement and prosecution of any action without
prepayment of fees if a person submits an affidavit showing the person is unable to pay the
fees. 28 U.S.C. § 1915(a)(1). In his Application for Leave to Proceed in Forma Pauperis,
Plaintiff avers that he is unemployed and has no income; that he has $100 in savings; that
he has no assets other than his vehicle; and that his monthly expenses are $302.00. (Doc.
2.) Plaintiff has sufficiently shown that he is unable to pay the filing fees for this action,
and the Court will accordingly grant his Application for Leave to Proceed in Forma
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Pauperis.
II. Motion to Allow Electronic Filing
In his Motion to Allow Electronic Filing, Plaintiff avers that he can comply with all
equipment and rule requirements governing electronic filing. The Court will grant the
Motion and allow Plaintiff to electronically file documents in this case only.
III. Statutory Screening
The Prison Litigation Reform Act states that a district court “shall dismiss” an in
forma pauperis complaint if, at any time, the court determines that the action “is frivolous
or malicious” or that it “fails to state a claim on which relief may be granted.” 28 U.S.C.
§ 1915(e)(2). “[S]ection 1915(e) applies to all in forma pauperis complaints, not just those
filed by prisoners.” Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (en banc); see
also Calhoun v. Stahl, 254 F.3d 845 (9th Cir. 2001) (per curiam).
A pleading must contain a “short and plain statement of the claim showing that the
pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 does
not demand detailed factual allegations, “it demands more than an unadorned, the-
defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009). “Threadbare recitals of the elements of a cause of action, supported by mere
conclusory statements, do not suffice.” Id.
“[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a
claim to relief that is plausible on its face.’” Ashcroft, 556 U.S. at 678 (quoting Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is plausible “when the
plaintiff pleads factual content that allows the court to draw the reasonable inference that
the defendant is liable for the misconduct alleged.” Id.
As the United States Court of Appeals for the Ninth Circuit has instructed, courts
must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 342
(9th Cir. 2010). A complaint filed by a pro se litigant “must be held to less stringent
standards than formal pleadings drafted by lawyers.” Id. (internal quotation omitted).
Nevertheless, “a liberal interpretation of a civil rights complaint may not supply essential
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elements of the claim that were not initially pled.” Ivey v. Bd. of Regents, 673 F.2d 266,
268 (9th Cir. 1982).
If the Court determines that a pleading could be cured by the allegation of other
facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal
of the action. See Lopez, 203 F.3d at 1127-29.
IV. Plaintiff’s Complaint
Plaintiff sues for alleged violations of the Fair Credit Reporting Act (“FCRA”), 15
U.S.C. § 1681, et seq. (Doc. 1.) Plaintiff alleges that in or around 2018, due to identity
theft, a fraudulent account was opened in his name without his knowledge, authorization,
or permission. (Id. at 4.) Plaintiff notified Experian on multiple occasions that the account
was fraudulent, including in 2024 and 2025. (Id.) He provided Experian with a police
report, an identity theft report, proof of his identity, and written requests asking Experian
to block the fraudulent account. (Id.) Experian continued reporting the fraudulent account
on Plaintiff’s credit file even after receiving the identity-theft documents from Plaintiff.
(Id.) As a result, Plaintiff lost credit opportunities, was denied credit, faced higher interest
rates, and experienced emotional distress, with damages of approximately $25,000. (Id.)
Plaintiff asks the Court to order Experian to remove and block the fraudulent account from
his credit file and to stop reporting information related to the account. (Id.)
The Court has federal question jurisdiction over Plaintiff’s claims, which arise under
the FCRA, a federal statute. See 28 U.S.C. § 1331. The FCRA requires consumer reporting
agencies to follow reasonable procedures to assure the accuracy of consumer reports. 15
U.S.C. § 1681e(b). The reporting agency must conduct a reasonable reinvestigation to
determine the accuracy of information in a consumer’s file if the consumer notifies the
agency that the information is disputed. 15 U.S.C. § 1481i(a). The FCRA also requires
consumer reporting agencies to block information in a consumer’s file resulting from
identity theft. See 15 U.S.C. § 1681c-2. The FCRA imposes civil liability for willful or
negligent failure to comply with any of its requirements. See 15 U.S.C. §§ 1681n, 1681o.
Liberally construed, Plaintiff’s Complaint states claims on which relief can be
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granted for violation of the FCRA. The Court will require Defendant to answer the
Complaint.
IT IS ORDERED:
1. Plaintiff’s Application for Leave to Proceed in Forma Pauperis (Doc. 2) is
granted. Plaintiff is given leave to proceed in this action without pre-paying
the filing and administrative fees.
2. Plaintiff’s Motion to Allow Electronic Filing (Doc. 3) is granted. Plaintiff
is granted leave to electronically file documents in this case only. Plaintiff
is required to comply with all rules outlined in the District of Arizona’s Case
Management/Electronic Case Filing Administrative Policies and Procedures
Manual (“ECF Manual”), have access to the required equipment and
software, have a personal electronic mailbox of sufficient capacity to send
and receive electronic notice of case related transmissions, be able to
electronically transmit documents to the court in .pdf, be registered as a
subscriber to PACER, and comply with the privacy policy of the Judicial
Conference of the United States and the E-Government Act of 2002. Any
misuse of the ECF system will result in immediate discontinuation of this
privilege and disabling of the password assigned to the party.
3. In accordance with the ECF Manual, within five (5) days of the date this
Order is filed, Plaintiff must register as a user with the Clerk’s Office and as
a subscriber to PACER.
4. Defendant Experian Information Solutions, Incorporated must answer
Plaintiff’s Complaint within the timeframe set by the Federal Rules of Civil
Procedure.
5. The Clerk of Court must send Plaintiff a service packet including the
Complaint (Doc. 1), this Order, and both summons and request for waiver
forms for Defendant Experian Information Solutions, Incorporated.
6. Plaintiff must complete and return the service packet to the Clerk of Court
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within twenty-one (21) days of the date of filing of this Order. The United
States Marshal will not provide service of process if Plaintiff fails to comply
with this Order.
7. If Plaintiff does not either obtain a waiver of service of the summons or
complete service of the summons and Complaint on Defendant Experian
Information Solutions, Incorporated within ninety (90) days of the filing of
the Complaint, this action may be dismissed. Fed. R. Civ. P. 4(m).
8. The United States Marshal must retain the summons, a copy of the
Complaint, and a copy of this Order for future use.
9. The United States Marshal must notify Defendant of the commencement of
this action and request waiver of service of the summons pursuant to Rule
4(d) of the Federal Rules of Civil Procedure. The notice to Defendant must
include a copy of this Order. The Marshal must immediately file signed
waivers of service of the summons. If a waiver of service of summons is
returned as undeliverable or is not returned by Defendant within thirty
(30) days from the date the request for waiver was sent by the Marshal,
the Marshal must:
a. personally serve copies of the summons, Complaint, and this Order
upon Defendant Experian Information Solutions, Incorporated
pursuant to Rule 4(h)(1) of the Federal Rules of Civil Procedure; and
b. within ten (10) days after personal service is effected, file the return
of service for Defendant, along with evidence of the attempt to secure
a waiver of service of the summons and of the costs subsequently
incurred in effecting service upon Defendant. The costs of service
must be enumerated on the return of service form (USM-285) and
must include the costs incurred by the Marshal for photocopying
additional copies of the summons, Complaint, or this Order and for
preparing new process receipt and return forms (USM-285), if
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required. Costs of service will be taxed against the personally served
Defendant pursuant to Rule 4(d)(2) of the Federal Rules of Civil
Procedure, unless otherwise ordered by the Court.
10. If Defendant agrees to waive service of the summons and Complaint,
Defendant must return the signed waiver forms to the United States
Marshal, not the Plaintiff.
Dated this 6th day of January, 2026.
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