Swint, et al v. Zanders Papeire, et al, No. 1:2021cv01017 - Document 2 (N.D. Ohio 2021)

Court Description: Memorandum of Opinion and Order For the reasons stated in the Order, 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. Signed by Judge Dan Aaron Polster on 9/8/2021. (K,K)

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Swint, et al v. Zanders Papeire, et al Doc. 2 Case: 1:21-cv-01017-DAP Doc #: 2 Filed: 09/08/21 1 of 2. PageID #: 3 FILED 1:53 pm Sep 08 2021 Clerk U.S. District Court UNITED STATES DISTRICT COURT Northern District of Ohio NORTHERN DISTRICT OF OHIO Cleveland EASTERN DIVISION ROBERT JAMES SWINT, Plaintiff, vs. ZANDERS PAPEIRE, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 1:21 CV 1017 JUDGE DAN AARON POLSTER MEMORANDUM OF OPINION AND ORDER Pro se Plaintiff Robert James Swint filed this action against Zanders Papeire, Masonite, Alpha Piper Disaster Company, Operation Praying Mantis, Power Shift21, and the World Health Organization. Although he claims he is asserting discrimination claims under Title VII, 42 U.S.C. § 2000e, the Complaint is composed entirely of unintelligible sexual statements. It contains no allegations pertaining to discrimination in an employment or other setting. He does not specify the relief he seeks. Plaintiff submitted an Application to Proceed In Forma Pauperis with his Complaint. The Application, however, contains no information. Plaintiff merely placed zero’s or the notation “N/A” in every blank, suggesting he has no income, and no expenses. He does not indicate that he is receiving support from any individual or entity and provides no explanation of his finances. Generally, the Court would deny such an Application as completely inadequate and Dockets.Justia.com Case: 1:21-cv-01017-DAP Doc #: 2 Filed: 09/08/21 2 of 2. PageID #: 4 require the Plaintiff to pay the entire filing fee. Plaintiff, however, listed his address as 2600 Center Street N.E., Salem Oregon, which is the address of the Oregon State Hospital. The envelope in which the Complaint was mailed has an Oregon postmark and indicates Plaintiff is in the psychiatric unit. Moreover, the content of the pleading is delusional. The Complaint contains no facts, no plausible legal claims and no prayer for relief. Denton v. Hernandez, 504 U.S. 25, 32-33 (1992). As such, the Court will grant the Application to Proceed In Forma Pauperis and dismiss this action. 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.1 IT IS SO ORDERED. DAN AARON POLSTER UNITED STATES DISTRICT JUDGE 1 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. -2-

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