Watkins v. WLKY et al, No. 3:2016cv00285 - Document 8 (W.D. Ky. 2016)

Court Description: MEMORANDUM OPINION by Judge Greg N. Stivers. For the reasons herein, on initial review of the complaint pursuant to 28 U.S.C. § 1915(e)(2), the action will be dismissed by separate Order. cc: Plaintiff, pro se; Defendants. (RR)

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Watkins v. WLKY et al Doc. 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE GENE DESHAWN M. WATKINS v. PLAINTIFF CIVIL ACTION NO. 3:16-CV-285-GNS WLKY et al. DEFENDANTS MEMORANDUM OPINION Plaintiff Gene DeShawn M. Watkins filed a pro se complaint making various allegations against Defendants WLKY, a local television station, and Ann Bowmen, a local news reporter. This matter is before the Court for initial review of the complaint pursuant to 28 U.S.C. § 1915(e)(2) and McGore v. Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). For the reasons that follow, the Court will dismiss this action. I. SUMMARY OF COMPLAINT In his complaint, Plaintiff states that the basis for federal question jurisdiction is “professional neglect 1st Admendment rights 14th Admendment rights incompedence.” He states that the amount in controversy is “100 mil an hr for my telepity that’s the damages I am seekin monetary relief for my telepity 15 yrs of my telepity.” In the “Statement of Claim” section of his complaint, Plaintiff writes: “I have a gift to have women have orgasms w/o touchin the feds passed out gov equipment to local news organization local news been knowin for over 15 years and I never got paid that’s a violation of my 14th admendment rights my 1st admendment rights they wont let me speak while keep gettn tortured by the LMPD and feds.” Dockets.Justia.com In the “Relief” section of his complaint, Plaintiff concludes by stating: “I make women have orgasms w/o touching and it travels threw federal bags and federal agent passed them earphones to news reporters and now I am bein ripped off so news stations wont say nothing cuz its espionage, intefferin in a federal investigation, and obstruction.” II. ANALYSIS Upon review under 28 U.S.C. § 1915(e), a district court must dismiss a case at any time if it determines that the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B). In order to survive dismissal for failure to state a claim, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “[A] district court must (1) view the complaint in the light most favorable to the plaintiff and (2) take all well-pleaded factual allegations as true.” Tackett v. M & G Polymers, USA, LLC, 561 F.3d 478, 488 (6th Cir. 2009) (citing Gunasekera v. Irwin, 551 F.3d 461, 466 (6th Cir. 2009) (citations omitted)). However, this Court is not required to create a claim for Plaintiff. Clark v. Nat’l Travelers Life Ins. Co., 518 F.2d 1167, 1169 (6th Cir. 1975). Under Federal Rule of Civil Procedure 8(a)(2), a pleading must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” In other words, “a . . . complaint must contain either direct or inferential allegations respecting all the material elements to sustain a recovery under some viable legal theory.” Scheid v. Fanny Farmer Candy Shops, Inc., 859 F.2d 434, 436 (6th Cir. 1988) (citations and internal quotation marks omitted). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to 2 draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. at 678 (citing Bell Atl. Corp. v. Twombly, 550 U.S. at 556). “Factual allegations must be enough to raise a right to relief above the speculative level.” Bell Atl. Corp. v. Twombly, 550 U.S. at 555. A complaint does not suffice if it tenders “naked assertion[s] devoid of further factual enhancement.” Iqbal, 556 U.S. at 678 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. at 555, 557). A review of Plaintiff’s complaint reveals that he has failed to meet the pleading standard required by Rule 8(a)(2). Plaintiff’s complaint is devoid of factual matter that would allow the Court to draw a reasonable inference that the named Defendants are liable for any alleged misconduct. Plaintiff’s allegations are rambling and difficult to understand. The complaint does not contain sufficient factual matter that, if accepted as true, states “a claim to relief that is plausible on its face.” Id. (quoting Bell Atl. Corp. v. Twombly, 550 U.S. at 570). Although this Court recognizes that pro se pleadings are to be held to a less stringent standard than formal pleadings drafted by lawyers, Haines v. Kerner, 404 U.S. 519 (1972), the duty “does not require us to conjure up unpled allegations.” McDonald v. Hall, 610 F.2d 16, 19 (1st Cir. 1979). As previously stated, this Court is not required to create a claim for Plaintiff. Clark v. Nat’l Travelers Life Ins. Co., 518 F.2d at 1169. To do so would require the “courts to explore exhaustively all potential claims of a pro se plaintiff, [and] would also transform the district court from its legitimate advisory role to the improper role of an advocate seeking out the strongest arguments and most successful strategies for a party.” Beaudett v. City of Hampton, 775 F.2d 1274, 1278 (4th Cir. 1985). Accordingly, this action must be dismissed for failure to state a claim upon which relief may be granted. 3 Additionally, “a district court may, at any time, sua sponte dismiss a complaint for lack of subject-matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure when the allegations of a complaint are totally implausible, attenuated, unsubstantial, frivolous, devoid of merit, or no longer open to discussion.” Apple v. Glenn, 183 F.3d 477, 479 (6th Cir. 1999) (citing Hagans v. Lavine, 415 U.S. 528, 536-37 (1974)). The allegations in Plaintiff’s complaint meet this standard. The instant action must, therefore, also be dismissed for lack of subject-matter jurisdiction. III. CONCLUSION For the foregoing reasons, Plaintiff’s complaint will be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted and for lack of subject-matter jurisdiction under Rule 12(b)(1) in accordance with Apple v. Glenn. The Court will enter an Order consistent with this Memorandum Opinion. Date: June 28, 2016 Greg N. Stivers, Judge United States District Court cc: Plaintiff, pro se Defendants 4416.011 4

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