Meeks v. City of Saint Paul, Inc. et al

Filing 10

ORDER denying 2 Motion for Leave to Proceed in forma pauperis; adopting 4 Report and Recommendation; denying as moot 9 Motion (Written Opinion). Signed by Judge John R. Tunheim on June 22, 2010. (DML)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ANGEL MEEKS, Petitioner, v. CITY OF SAINT PAUL, INC., MAYOR CHRISTOPHER B. COLEMAN, JULIE KLEINSCHMIDT, JOHN DOE, JANE DOE, and ROES, Respondents. ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE Civil No. 10-1029 (JRT/JJK)

Angel Meeks, 15 West Kellogg Boulevard, Ramsey County District Court, Room 170, Housing Division, Saint Paul, MN 55102-16189, petitioner pro se. On March 30, 2010, Angel Meeks filed a pro se complaint against the abovenamed defendants and an application for leave to proceed in forma pauperis ("IFP") in district court. (See Docket Nos. 1-2.) On April 5, 2010, United States Magistrate Judge Jeffrey J. Keyes filed a Report and Recommendation recommending that the Court deny Meeks' application to proceed IFP and summarily dismiss this action pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Meeks then filed two documents that the Court construes as objections to the Report and Recommendation. (See Docket Nos. 5-6.) After de novo review, see 28 U.S.C. § 636(b)(1)(C); D. Minn. Local Rule 72.2, the Court overrules the objections and adopts the Report and Recommendation of the Magistrate Judge.

The Court will deny an application to proceed IFP and dismiss a case if it determines that "the action . . . fails to state a claim on which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii). The Court liberally construes pro se pleadings, but "such pleadings may not be merely conclusory: the complaint must allege facts, which if true, state a claim as a matter of law." Martin v. Aubuchon, 623 F.2d 1282, 1286 (8th Cir. 1980). Like the Magistrate Judge, the Court is unable identify any claims in Meeks' complaint, a legal basis or facts supporting such claims, or any relief that Meeks requests. (See generally Compl., Docket No. 1.) Meeks' objections suggest that she alleges that her landlord breached the terms of a lease agreement, (see Objections at 2-4, Docket No. 6), but the complaint does not allege facts or legal theories supporting such a claim. Accordingly, the Court denies Meeks' application to proceed IFP and dismisses without prejudice Meeks' complaint.1 See 28 U.S.C. § 1915(e)(2)(B)(ii). ORDER Based on the foregoing and the records, files, and proceedings herein, the Court OVERRULES petitioner's objections to the Report and Recommendation [Docket Nos. 5-6], and ADOPTS the Report and Recommendation of the Magistrate Judge dated April 5, 2010, [Docket No. 4]. Accordingly, IT IS HEREBY ORDERED that:

To the extent that Meeks wishes to pursue a claim relating to a breach of a lease agreement or some variation of that claim, the Court commends to Meeks the Ramsey County Housing and Conciliation Court Self-Help Center, which is located on the eighteenth floor of the Ramsey County Courthouse, located at 15 Kellogg Boulevard West in Saint Paul, Minnesota. Walk-in hours for the Center are Tuesdays from 1:00 to 4:00 P.M. -2-

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1. DENIED. 2.

Petitioner's application to proceed in forma pauperis [Docket No. 2] is

Petitioner's Complaint [Docket No. 1] is DISMISSED without prejudice.

IT IS FURTHER HEREBY ORDERED that: 3. Petitioner's motion [Docket no. 9] is DENIED as moot.

LET JUDGMENT BE ENTERED ACCORDINGLY. DATED: June 23, 2010 at Minneapolis, Minnesota. ____s/ ____ JOHN R. TUNHEIM United States District Judge

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