Unknown Plaintiffs v. Earl et al

Filing 3

MEMORANDUM OPINION by Senior Judge Charles R. Simpson III. This case will be dismissed by separate Order for the reasons stated. cc:Mike Profitt, pro se (ERH)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:14CV-511-S

UNKNOWN PLAINTIFF

PLAINTIFF

v.
ADAM EARL et al.

DEFENDANTS
MEMORANDUM OPINION

The instant action was filed on a court-supplied general complaint form. In the caption,
no Plaintiff is listed. The Defendant(s) are listed as “Adam Earl – ETM AND Fayette Bar
Fight[.]” The rest of the complaint form is blank. Since the complaint was filed along with two
other complaints filed by Mike Profitt and the handwriting appears to be the same, the Court will
take judicial notice that Mike Profitt filed this action.
“[A] district court may, at any time, sua sponte dismiss a complaint for lack of subject
matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure when the
allegations of a complaint are totally implausible, attenuated, unsubstantial, frivolous, devoid of
merit, or no longer open to discussion.” Apple v. Glenn, 183 F.3d 477, 479 (6th Cir. 1999). The
complaint contains no factual allegations and warrants dismissal for lack of subject-matter
jurisdiction.
In addition, Rule 8 of the Federal Rules of Civil Procedure requires that a complaint
contain:
(1) a short and plain statement of the grounds for the court’s
jurisdiction, unless the court already has jurisdiction and the claim
needs no new jurisdictional support;
(2) a short and plain statement of the claim showing that the
pleader is entitled to relief; and

(3) a demand for the relief sought, which may include relief in the
alternative or different types of relief.
Fed. R. Civ. P. 8(a). In the instant case, Plaintiff’s complaint lacks sufficient information to meet
this standard. See Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002) (indicating that the
short and plain statement of claim must “‘give the defendant fair notice of what the plaintiff’s
claim is and the grounds upon which it rests’”) (citation omitted). The complaint contains no
factual allegations or grounds to support a claim.
Therefore, the instant action will be dismissed by separate Order.
Date:

August 4, 2014

C al R Smpo I , ei J d e
h r s . i sn I Sno u g
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I
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U i dSae Ds i C ut
nt tt ir t o r
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cc:
Mike Profitt, pro se
4411.010

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