JENKINS v. ARAMARK UNIFORMS, No. 1:2011cv01474 - Document 4 (D.D.C. 2011)
Court Description: MEMORANDUM AND OPINION. Signed by Judge Beryl A. Howell on 8/30/11. (ms, )
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ___________________________________ ) CHRISTOPHER JENKINS, ) ) Plaintiff, ) v. ) Civil Action No. 11-1474 (BAH) ) ARAMARK UNIFORMS, ) ) Defendant. ) ___________________________________ ) MEMORANDUM OPINION The plaintiff s complaint in this case states, in its entirety,: Selling uniforms to known and suspected gang members, illegal sale of uniforms, stalking, harassment Compl. For these alleged wrongs, plaintiff demands judgment in the sum of $30 million. Id. Defendant moves to dismiss the complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure on the ground that it fails to state a claim upon which relief can be granted. The motion will be granted. 1 The Federal Rules of Civil Procedure require that a complaint contain a short and plain statement of the claim showing that the pleader is entitled to relief, in order to give the defendant fair notice of what the . . . claim is and the grounds upon which it rests[.] Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). 1 Review of the docket of the Superior Court of the District of Columbia, see https://www.dccourts.gov/cco/maincase.jsf, shows that plaintiff filed his complaint on April 20, 2011, and that he was proceeding in forma pauperis. Notwithstanding any filing fee . . . that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action . . . fails to state a claim on which relief may be granted[.] 28 U.S.C. ยง 1915(e)(2)(B)(ii). 1 A motion under Rule 12(b)(6) does not test a plaintiff s likelihood of success on the merits; rather, it tests whether a plaintiff properly has stated a claim. See Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). Although detailed factual allegations are not required to withstand a Rule 12(b)(6) motion, a complaint must offer more than labels and conclusions to provide grounds of entitle[ment] to relief. Twombly, 550 U.S. at 555. Nor does a complaint suffice if it tenders naked assertion[s] devoid of further factual enhancement. Ashcroft v. Iqbal, __ U.S. __, __, 129 S.Ct. 1937, 1949 (2009) (quoting Twombly, 550 U.S. at 557). The Supreme Court stated, [t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. Id., 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 570). A claim is facially plausible when the plaintiff pleads factual content that allows the court to draw a reasonable inference that the defendant is liable for the misconduct alleged. Id. (quoting Twombly, 550 U.S. at 556). Plaintiff s complaint is a single grammatically incorrect sentence so lacking in factual allegations that the Court neither can infer defendant s alleged wrongdoing arising from the sale of uniforms nor discern any harm plaintiff has suffered because of such sales. The pleading offers no factual support for plaintiff s claims of stalking and harassment. In short, the complaint alleges no plausible claim against defendant, and, accordingly, the Court will grant defendant s motion and dismiss the complaint. An Order accompanies this Memorandum Opinion. Beryl A. Howell DATE: August 30, 2011 /s/ BERYL A HOWELL United States District Judge 2
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