Silbermann v. Thompson
Filing
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MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 8/28/2015. (kns, Deputy Clerk)(c/m 8/28/15)
FILED
U.S. DISTRICT COURT
DISTRICT OF MARYLAND
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
SOlltltem DiI';s;o/l
10/5 AUG28 A I(): 0'
CLERK'S OFfiCE
AT GREENBELT
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.JOEL AARON SILBERMANN,
BY-- __ OEPIJTY
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Plaintiff,
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Case No.: G.HI-I5-B-l5
v.
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EVERALD F. THOMPSON,
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Defendant.
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MEMORANDUM OPINION
Joel Aaron Silbermann.
August 7. 2015. accompanied
a selt:represented
tiled this Complaint
by a Motion to Proceed in Forma Pauperis.
granted leave to proceed in forma pauperis
his Iinancial aflidavit
plaintiff.
pursuant to 28 U.S.c.
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that his only source of income is disability
statement
Silbennann's
He will be
1915(a)(I)
indicates
on
because
payments.
of facts rcads:
This is an disbarment complaint for sound legal advicc. Disbar my
attourney and prcvent him Ihlln practicing law whcras ti'ce the prisoner
from deplorable conditions. Until all appeal remidies arc lost. The food in
your county jails arc not frcsh fruits and vegistibles Acording to USDA
law. 1 want to be compensated tor m)' inadiquite health.
ECF I at 2.2
Silbennann
"disbannent
1
Since August
is requesting
damages
of $900 million and an injunction
and imprisl1lent for fair justice:'
6. 2015. Silbennann
:! The Coun has transcribed
typographical errors.
Id. at 3. Silbennann
has filed eight civil actions
ordering
docs not specify
in this Court.
the statement of facts as provided in the Complaint. without correcting
I
reasons why he believes Defendant's actions wcre wrongfiJl or should subject him to
disbannent.
Rule 8(a) of the Federal Rules ofCivill'rocedure
governs the requirements fiJr
stating a proper claim fiJr relief:
A pleading which sets forth a claim fiJr relief ... shall contain I) a short
and plain statement of the grounds upon which the court's jurisdiction
depends. unless the court already has jurisdiction and the claim needs no
new grounds for jurisdiction to support it. 2) a ShOl1and plain statement of
the claim showing that the pleader is entitled to relief. and 3) a demand for
judgment for the relief the pleader seeks. Reliefin the alternative or of
several different types may be demanded.
Fed. R. Civ. P. 8(a). A complaint must "give the defendant fair notice of what the
plaintiffs
claim is and the grounds upon which it rests:' S\I'ierkie\l"ic::\'. Soremu N,A ..
534 U.S. 506. 512 (2002) (internal quotation marks omitted).
Silbermann's Complaint has heen accepted for filing under 28 U.S.c. ~ 1915.
which permits an indigent litigant to commence an action in federal court without
prepaying the tiling fee. To guard against abuse of this privilege. a court must screen and
dismiss claims deemed frivolous. malicious or that fail to state a claim upon which relief
can be granted. See 28 U.S.c. ~ 1915(e)(2)(B)(i)-(ii).
In screening a complaint. a federal judge has an ohligation to liherally construe
the pleadings of self:represented litigants. See Erickson \'. Pun/us. 551 U.S. 89. 94
(2007). The self:represented plaintiffs allegations are assumed to he true. Bell AI/unlic
Corp.
1'.
Twomh/y. 550 U.S. 544. 555-56 (2007). Nonetheless. liberal construction does
not mean that a court can ignore a clear failure in the pleading to allege facts which set
forth a claim cognizable in a federal district court. See Weller \'. Dep'l o{Soe. Sen's .. 90 I
F.2d 387. 391 (4th Cir. 1990) ("Federal jurisdiction may not be premised on the mere
citation of federal statutes.'"); see a/so ileal/dell v. City of Hampton, 775 F.2d 1274. 1278
(4th Cir. 1985) (stating a district court may not '"conjure up questions never squarely
presented").
Even under the liberal standard accorded to selt:represented litigants. Silbermann
does not state a cognizable claim, nor does he explain why he is pursuing an action
against Defendant in this court. The Complaint does not provide Defendant lair notice of
Plaintiffs claim nor the grounds upon which it rests. Accordingly. this case will be
dismissed. Separate Order to follow.
Dated:
L/£--
August 28. 2015
GEORGE J. HAZEL
United States District Judge
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