Gowdy v. Mitchell et al, No. 1:2017cv00801 - Document 4 (N.D. Ohio 2017)

Court Description: Opinion & Order signed by Judge James S. Gwin on 4/27/17. The Court grants plaintiff's request to proceed in forma pauperis and dismisses this action under 28 U.S.C. § 1915(e) for the reasons set forth in this order. 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. (Related Doc. 2 ) (D,MA)
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Gowdy v. Mitchell et al Doc. 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO JUANITA L. GOWDY, Plaintiff, v. MARY MITCHELL, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 1:17 CV 801 JUDGE JAMES S. GWIN OPINION & ORDER On April 13, 2017, Plaintiff pro se Juanita L. Gowdy filed this in forma pauperis action against Defendants Mary Mitchell and Cynthia Malcolm. Her brief Complaint is difficult to understand and contains few allegations, but appears to claim her rights as a grandparent were violated by employees of the Cuyahoga County’s Division of Children and Family Services. 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, 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. 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); Harris v. Johnson, 784 F.2d 222, 224 (6th Cir. 1986). Dockets.Justia.com 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 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 she might have a valid federal claim. 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. Dated: April 27, 2017 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-