Jackson v. Leonard et al, No. 1:2017cv02678 - Document 3 (N.D. Ohio 2018)

Court Description: Memorandum of Opinion and Order. The request to proceed in forma pauperis is granted, and this action is dismissed under 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. Related documents 1 , 2 . Judge Donald C. Nugent on 1/9/2018. (M, S)

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Jackson v. Leonard et al Doc. 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO MARQUETTE JACKSON, Plaintiff, v. ) ) ) ) ) ) PALMER LEONARD, et al., Defendants. CASE NO. 1:17 CV 2678 JUDGE DONALD C. NUGENT MEMORANDUM OF OPINION ) AND ORDER ) ) On March 2, 2017, plaintiff pro se Marquette Jackson filed this in forma pauperis action against defendants Palmer Leonard and Brenda Holmes. Plaintiff’s brief complaint does not contain legible, coherent allegations, and must therefore be dismissed. 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 Dockets.Justia.com 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 he might have a valid federal claim against the named defendants. 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 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. /s/Donald C. Nugent 1/09/18 DONALD C. NUGENT UNITED STATES DISTRICT JUDGE -2-

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