St. John v. Cuyahoga Metropolitan Housing Authority, et al.,, No. 1:2017cv00734 - Document 4 (N.D. Ohio 2017)

Court Description: Memorandum of Opinion and Order. Plaintiff's Motion to proceed in forma pauperis (Related doc # 2 ) is granted. This action is dismissed under section 1915(e). 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. Judge Christopher A. Boyko on 6/30/2017. (H,CM)

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St. John v. Cuyahoga Metropolitan Housing Authority, et al., Doc. 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO LARS ST. JOHN, Plaintiff, v. CUYAHOGA METROPOLITAN HOUSING AUTHORITY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:17 CV 734 JUDGE CHRISTOPHER A. BOYKO MEMORANDUM OF OPINION AND ORDER On April 7, 2017, Plaintiff pro se Lars St. John filed this in forma pauperis action against the Cuyahoga County Metropolitan Housing Authority (“CMHA”) and Jeffrey K. Patterson. Plaintiff’s brief Complaint states he submitted a preliminary housing application to CMHA in December 2010, and has been on a waiting list since then. Plaintiff also alleges he has met single women without children who applied after he did and are now living in CMHA housing. He asserts CMHA has been negligent and unwilling to follow policy. Plaintiff seeks $1 million in damages. 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). 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 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) and is dismissing the claim for one of the reasons set forth in the statute. Chase Manhattan Mortg. Corp. v. Smith, 507 F.3d 910, 915 (6th Cir. 2007); Gibson v. R.G. Smith Co., 915 F.2d 260, 261 (6th Cir. 1990). Dockets.Justia.com 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 he might have a valid federal claim against Defendants. 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, the request to proceed in forma pauperis is granted, and this action is dismissed under section 1915(e). 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. IT IS SO ORDERED. s/ Christopher A. Boyko CHRISTOPHER A. BOYKO UNITED STATES DISTRICT JUDGE DATED: June 30, 2017 -2-

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