Jackson v. Case School, No. 1:2012cv02987 - Document 7 (N.D. Ohio 2012)

Court Description: Memorandum of Opinion and Order that this action is dismissed under section 1915 (e). Further, the court certifies, pursuant to 28 U.S.C. 1915 (a) (3), that an appeal from this decision could not be taken in good faith. Signed by Judge Dan Aaron Polster on 12/27/2012. (B,B)

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Jackson v. Case School Doc. 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO PATRICIA JACKSON, Plaintiff, v. CASE SCHOOL, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 1:12 CV 2987 JUDGE DAN AARON POLSTER MEMORANDUM OF OPINION AND ORDER On December 5, 2012, plaintiff pro se Patricia Jackson filed this in forma pauperis action against defendant Case School. Plaintiff alleges she was terminated from her position as a special education teacher as a result of unfair treatment, and in particular that she received negative evaluations based on student misbehavior which was out of her control. She further alleges other teachers with similar problems were not terminated. For the reasons stated below, this action is dismissed pursuant to 28 U.S.C. § 1915(e). Although pro se pleadings are liberally construed, Boag v. MacDougall, 454 U.S. 364, 365 (1982) (per curiam), the district court is required to dismiss an action under 28 U.S.C. § 1915(e) if it fails to state a claim upon which relief can be granted, or if it lacks an arguable basis in law or fact.1 Neitzke v. Williams, 490 U.S. 319 (1989); Hill v. Lappin, 630 F.3d 468, 470 (6th Cir. 2010). 1 An in forma pauperis claim may be dismissed sua sponte, without prior notice to the plaintiff and without service of process on the defendant, if the court explicitly states that it is invoking section 1915(e) [formerly 28 U.S.C. § 1915(d)] and is dismissing the claim for one of the reasons set forth in the statute. Chase Manhattan Mortg. Corp. v. Smith, Dockets.Justia.com A cause of action fails to state a claim upon which relief may be granted when it lacks “plausibility in the complaint.” Bell At. Corp. V. Twombly, 550 U.S. 544, 564 (2007). A pleading must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009). The factual allegations in the pleading must be sufficient to raise the right to relief above the speculative level on the assumption that all the allegations in the complaint are true. Twombly, 550 U.S. at 555. The plaintiff is not required to include detailed factual allegations, but must provide more than “an unadorned, the-defendant-unlawfully-harmed-me accusation.” Iqbal , 556 U.S. at 678 (2009). A pleading that offers legal conclusions or a simple recitation of the elements of a cause of action will not meet this pleading standard. Id. Even construing the complaint liberally in a light most favorable to the plaintiff, Brand v. Motley, 526 F.3d 921, 924 (6th Cir. 2008), it does not contain allegations reasonably suggesting she might have a valid federal claim against the named defendant. See, Lillard v. Shelby County Bd. of Educ,, 76 F.3d 716 (6th Cir. 1996)(court not required to accept summary allegations or unwarranted legal conclusions in determining whether complaint states a claim for relief). Accordingly, this action is dismissed under section 1915(e). Further, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. /s/Dan Aaron Polster 12/27/12 DAN AARON POLSTER UNITED STATES DISTRICT JUDGE 507 F.3d 910, 915 (6th Cir. 2007); Gibson v. R.G. Smith Co., 915 F.2d 260, 261 (6th Cir. 1990); Harris v. Johnson, 784 F.2d 222, 224 (6th Cir. 1986). -2-

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