JOHNSON v. TRUMP et al, No. 1:2023cv00331 - Document 5 (D. Me. 2023)
Court Description: REPORT AND RECOMMENDED DECISION re 1 Complaint. Objections to R&R due by 9/14/2023. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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JOHNSON v. TRUMP et al Doc. 5 Case 1:23-cv-00331-NT Document 5 Filed 08/31/23 Page 1 of 3 PageID #: 7 UNITED STATES DISTRICT COURT DISTRICT OF MAINE ROBERT W. JOHNSON, Plaintiff v. DONALD J. TRUMP, et al., Defendants ) ) ) ) ) ) ) ) ) 1:23-cv-00331-NT RECOMMENDED DECISION AFTER REVIEW OF COMPLAINT Plaintiff filed a complaint and an application to proceed in forma pauperis, which application the Court granted. (Complaint, ECF No. 1; Application, ECF No. 3; Order, ECF No. 4.) In accordance with the in forma pauperis statute, a preliminary review of Plaintiff’s complaint is appropriate. 28 U.S.C. § 1915(e)(2). Following a review of Plaintiff’s allegations, I recommend the Court dismiss the complaint. FACTUAL ALLEGATIONS Plaintiff, a resident of Buffalo, New York, has joined twenty-four individuals and entities as defendants. He alleges defendants committed identify theft, fraud, constitutional violations, RICO violations, and due process violations. DISCUSSION The federal in forma pauperis statute, 28 U.S.C. § 1915, is designed to ensure meaningful access to the federal courts for those persons unable to pay the costs of bringing an action. When a party is proceeding in forma pauperis, however, “the court shall dismiss Dockets.Justia.com Case 1:23-cv-00331-NT Document 5 Filed 08/31/23 Page 2 of 3 PageID #: 8 the case at any time if the court determines,” inter alia, that the action is “frivolous or malicious” or “fails to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B). “Dismissals [under § 1915] are often made sua sponte prior to the issuance of process, so as to spare prospective defendants the inconvenience and expense of answering such complaints.” Neitzke v. Williams, 490 U.S. 319, 324 (1989). When considering whether a complaint states a claim for which relief may be granted, courts must assume the truth of all well-plead facts and give the plaintiff the benefit of all reasonable inferences therefrom. Ocasio-Hernandez v. Fortuno-Burset, 640 F.3d 1, 12 (1st Cir. 2011). A complaint fails to state a claim upon which relief can be granted if it does not plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). “The relevant question ... in assessing plausibility is not whether the complaint makes any particular factual allegations but, rather, whether ‘the complaint warrant[s] dismissal because it failed in toto to render plaintiffs’ entitlement to relief plausible.’” Rodríguez–Reyes v. Molina– Rodríguez, 711 F.3d 49, 55 (1st Cir. 2013) (quoting Twombly, 550 U.S. at 569 n. 14). Although a pro se plaintiff’s complaint is subject to “less stringent standards than formal pleadings drafted by lawyers,” Haines v. Kerner, 404 U.S. 519, 520 (1972), the complaint may not consist entirely of “conclusory allegations that merely parrot the relevant legal standard,” Young v. Wells Fargo, N.A., 717 F.3d 224, 231 (1st Cir. 2013). See also Ferranti v. Moran, 618 F.2d 888, 890 (1st Cir. 1980) (explaining that the liberal standard applied to the pleadings of pro se plaintiffs “is not to say that pro se plaintiffs are not required to plead basic facts sufficient to state a claim”). 2 Case 1:23-cv-00331-NT Document 5 Filed 08/31/23 Page 3 of 3 PageID #: 9 Plaintiff’s complaint consists of conclusory statements unsupported by any facts. “Though … pro se complaints are to be read generously, allegations … must nevertheless be supported by material facts, not merely conclusory statements.” Slotnick v. Garfinkle, 632 F.2d 163, 165 (1st Cir. 1980) (citation omitted). Additionally, the pleading rules “demand[] more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). “A pleading that offers labels and conclusions or a formulaic recitation of the elements of a cause of action will not do.” Id. Plaintiff’s conclusory allegations are insufficient to support an actionable claim. CONCLUSION Based on the foregoing analysis, following a review of Plaintiff’s complaint in accordance with 28 U.S.C. § 1915, I recommend the Court dismiss the complaint. NOTICE A party may file objections to those specified portions of a magistrate judge’s report or proposed findings or recommended decisions entered pursuant to 28 U.S.C. § 636(b)(1)(B) for which de novo review by the district court is sought, together with a supporting memorandum, within fourteen (14) days of being served with a copy thereof. Failure to file a timely objection shall constitute a waiver of the right to de novo review by the district court and to appeal the district court’s order. /s/ John C. Nivison U.S. Magistrate Judge Dated this 31st day of August, 2023. 3
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