Sessler v. Child Support Enforcement Agency Crawford County Ohio et al, No. 1:2009cv01596 - Document 3 (N.D. Ohio 2009)

Court Description: Memorandum of Opinion and Order signed by Judge James S. Gwin on 11/30/09. Plaintiff's application to proceed in forma pauperis is granted. As set forth in this entry, this action is dismissed and the Court certifies tht an appeal could not be taken in good faith. (Related Doc. 2 ) (M,G)

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Sessler v. Child Support Enforcement Agency Crawford County Ohio et al Doc. 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO KIRK SESSLER, Plaintiff, v. LINDA A. ZELLNER, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 1:09 CV 1596 JUDGE JAMES S. GWIN MEMORANDUM OF OPINION AND ORDER Pro se Kirk Sessler filed this action against Crawford County Child Support Enforcement Agency Administrator Linda Zellner. He seeks $ 750,000.00 in damages. Mr. Sessler also filed an Application to Proceed In Forma Pauperis. That Application is granted. Background Mr. Sessler provides no facts in his pleading. It is comprised entirely of legal rhetoric. He asserts that the “Judicature system of Judiciary Judges if any abridg[ed] the plaintiff[‘s] civil and constitutional laws of double jeopardy of procedural due process, and due process law of the untied [sic] States constitution and Ohio constitution.” (Compl. at 4.) Analysis 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 in forma pauperis action under 28 U.S.C. §1915(e) if it fails to state a claim Dockets.Justia.com 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). For the reasons stated below, this action is dismissed pursuant to section 1915(e). Principles requiring generous construction of pro se pleadings are not without limits. See Wells v. Brown, 891 F.2d 591, 594 (6th Cir. 1989); 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 or to construct full blown claims from sentence fragments. Beaudett, 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. Legal conclusions alone are not sufficient to present a valid claim, and this court is not required to accept unwarranted factual inferences. Morgan v. Church's Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987); see also, Place v. Shepherd, 446 F.2d 1239, 1244 (6th Cir. 1971) (conclusory section 1983 claim dismissed). 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. 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 Conclusion Accordingly, Plaintiff’s Application to Proceed In Forma Pauperis is granted and this action is dismissed pursuant to 28 U.S.C. §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.2 IT IS SO ORDERED. Dated: November 30, 2009 2 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE 28 U.S.C. § 1915(a)(3) provides: An appeal may not be taken in forma pauperis if the trial court certifies that it is not taken in good faith. 3

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