Jackson v. Africans et al, No. 1:2018cv00922 - Document 3 (N.D. Ohio 2018)

Court Description: Memorandum of Opinion and Order: Accordingly, Plaintiff's Application to Proceed In Forma Pauperis (Doc. No. 2 ) 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. Judge Patricia A. Gaughan on 7/30/18. (LC,S)

Download PDF
Jackson v. Africans et al Doc. 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Marquette Jackson, Plaintiff, v. Africans, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 1:18 CV 922 JUDGE PATRICIA A. GAUGHAN Memorandum of Opinion and Order Pro se Plaintiff Marquette Jackson filed this action against Africans and Black African Americans. The Complaint is entirely incomprehensible and appears to focus on the plight of slaves emancipated by Abraham Lincoln at the close of the civil war. He does not assert legal claims and the relief he seeks is the enslavement of the current President of the United States. 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 Court is required to dismiss an in forma pauperis 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. 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). A claim lacks an arguable basis in law or fact when it is premised on an indisputably meritless legal theory or when the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. A cause of action fails to state a claim upon which relief may be granted when it lacks “plausibility in the Complaint.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 564 (2007). A Dockets.Justia.com 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. Bell Atl. Corp., 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. 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. The case at bar undoubtedly lacks plausibility in the Complaint. It does not contain a coherent statement of facts, a decipherable legal claim, nor a reasonable request for relief. Furthermore, it does not identify a Defendant against whom claims could be asserted or relief could be granted. Accordingly, Plaintiff’s Application to Proceed In Forma Pauperis (Doc. No. 2) 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. IT IS SO ORDERED. /s/ Patricia A. Gaughan PATRICIA A. GAUGHAN United States District Court Chief Judge Dated: 7/30/18 -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.