Perdue v. Cuyahoga Support Enforcement Agency et al, No. 1:2008cv01162 - Document 3 (N.D. Ohio 2008)

Court Description: Memorandum of Opinion and Order dismissing this action under section 1915 (e) and granting Plaintiff's Motion to proceed without prepayment of fees. Further, the Court certifies, pursuant to 28 USC 1915(a)(3) that an appeal from this decision could not be taken in good faith, Related document 1 Complaint filed by Selmar Perdue, Jr., 2 . Judge Christopher A. Boyko on 6/5/08. (M,M)

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Perdue v. Cuyahoga Support Enforcement Agency et al Doc. 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO SELMAR PERDUE, JR., Plaintiff, v. CUYAHOGA SUPPORT ENFORCEMENT AGENCY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:08 CV 1162 JUDGE CHRISTOPHER A. BOYKO MEMORANDUM OF OPINION AND ORDER On May 9, 2008, plaintiff pro se Selmar Perdue, Jr. filed this in forma pauperis action against the Cuyahoga Support Enforcement Agency (CSEA) and the Ohio Bureau of Motor Vehicles (OBMV). The complaint does not assert any particular legal theory, but alleges plaintiff’s driver’s license was suspended because CSEA notified OBMV that he owed child support. Plaintiff has been notified that he must pay a reinstatement fee to get his license back. Although pro se pleadings are liberally construed, Boag v. MacDougall, 454 U.S. 364, 365 (1982) (per curiam); Haines v. Kerner, 404 U.S. 519, 520 (1972), the district court is required to dismiss an action under 28 U.S.C. § 1915(e) if it fails to state a Dockets.Justia.com 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); Lawler v. Marshall, 898 F.2d 1196 (6th Cir. 1990); Sistrunk v. City of Strongsville, 99 F.3d 194, 197 (6th Cir. 1996). Principles requiring generous construction of pro se pleadings are not without limits. Beaudett v. City of Hampton, 775 F.2d 1274, 1277 (4th Cir. 1985). A complaint must contain either direct or inferential allegations respecting all the material elements of some viable legal theory to satisfy federal notice pleading requirements. See Schied v. Fanny Farmer Candy Shops, Inc., 859 F.2d 434, 437 (6th Cir. 1988). District courts are not required to conjure up questions never squarely presented to them. Beaudette, 775 F.2d at 1278. To do so would "require ...[the courts] to explore exhaustively all potential claims of a pro se plaintiff, ... [and] would...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." Id. Even liberally construed, the complaint does not contain allegations reasonably suggesting plaintiff might have a valid 1 A 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. McGore v. Wrigglesworth, 114 F.3d 601, 608-09 (6th Cir. 1997); Spruytte v. Walters, 753 F.2d 498, 500 (6th Cir. 1985), cert. denied, 474 U.S. 1054 (1986); Harris v. Johnson, 784 F.2d 222, 224 (6th Cir. 1986); Brooks v. Seiter, 779 F.2d 1177, 1179 (6th Cir. 1985). 2 federal claim. 716 (6th See, Lillard v. Shelby County Bd. of Educ,, 76 F.3d 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). 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. IT IS SO ORDERED. S/Christopher A. Boyko CHRISTOPHER A. BOYKO UNITED STATES DISTRICT JUDGE June 5, 2008 3

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