Chavers v. State of Ohio, No. 5:2009cv00164 - Document 4 (N.D. Ohio 2009)

Court Description: Memorandum Opinion and Order granting plaintiff's re 2 Motion to proceed in forma pauperis; Further, dismissing this matter for lack of jurisdiction. An appeal from this decision may not be taken in good faith. Judge John R. Adams on 3/26/09. (K,C)

Download PDF
Chavers v. State of Ohio Doc. 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO GREGORY A. CHAVERS, Plaintiff, v. STATE OF OHIO, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 5:09 CV 164 JUDGE JOHN R. ADAMS MEMORANDUM OF OPINION AND ORDER On January 23, 2009, plaintiff pro se Gregory A. Chavers filed this in forma pauperis action against the State of Ohio. The complaint seeks to “appeal” an order or orders relating to his criminal conviction in the Ohio Court of Common Pleas. For the reasons stated below, this action is dismissed pursuant to 28 U.S.C. § 1915(e). 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 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); 1 A 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. McGore v. Wrigglesworth, 114 F.3d 601, 608-09 (6th Cir. 1997); Spruytte v. Walters, 753 F.2d 498, 500 (6th Cir. 1985), cert. denied, 474 U.S. 1054 (1986); Harris v. Johnson, 784 F.2d 222, 224 (6th Cir. 1986); Brooks v. Seiter, 779 F.2d 1177, 1179 (6th Cir. 1985). Dockets.Justia.com Lawler v. Marshall, 898 F.2d 1196 (6th Cir. 1990); Sistrunk v. City of Strongsville, 99 F.3d 194, 197 (6th Cir. 1996). Principles requiring generous construction of pro se pleadings are not without limits. Beaudett v. City of Hampton, 775 F.2d 1274, 1278 (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). Even liberally construed, the complaint does not contain allegations reasonably suggesting plaintiff might have a valid federal claim. This court simply does not have jurisdiction to hear an appeal from a state court decision. See District of Columbia Court of Appeals v. Feldman , 460 U.S. 462, 482 n. 16 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 415-16 (1923). Accordingly, the request to proceed in forma pauperis is granted and this action is dismissed under section 1915(e). Further, 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. Date: March 26, 2009 /s/ John R. Adams JOHN R. ADAMS UNITED STATES DISTRICT JUDGE 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.