Spencer-Dey v. G.C. Services, No. 1:2016cv00904 - Document 3 (N.D. Ohio 2016)
Court Description: Memorandum of Opinion and Order. Case is dismissed. 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 4/21/2016. (H,CM)
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Spencer-Dey v. G.C. Services Doc. 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO CANDACE K. SPENCER-DEY, Plaintiff, v. B. GENTRY, G.C. SERVICES, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 1:16 CV 904 JUDGE CHRISTOPHER A. BOYKO MEMORANDUM OF OPINION AND ORDER On April 15, 2016, Plaintiff pro se Candace Spencer-Dey this action against Defendant B. Gentry, G.C. Services. Plaintiff does not set forth substantive allegations or an intelligible legal theory in the Complaint. 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 or to construct full blown claims from sentence fragments. 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 claim. See, Lillard v. Shelby County Bd. of Educ,, 76 Dockets.Justia.com 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). This case is therefore appropriately subject to summary dismissal. See, Apple v. Glenn, 183 F.3d 477, 479 (6th Cir. 1999). Accordingly, this case is dismissed. The Court certifies, pursuant to 28 U.S.C. ยง 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: April 21, 2016 -2-
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