Jefferson v. Magnarella

Filing 3

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff Elmer Lee Jefferson motion is GRANTED.IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.. Signed by District Judge Stephen N. Limbaugh, Jr on 12/7/16. (MRS)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION ELMER LEE JEFFERSON, Plaintiff, v. COURTNEY MAGNARELLA, Defendant. ) ) ) ) ) ) ) ) ) No. 1:16-CV-280 SNLJ MEMORANDUM AND ORDER Plaintiff seeks leave to proceed in forma pauperis in this civil action under the Truth in Lending Act, 15 U.S.C. § 1601 et seq. (“TILA”), and for breach of contract. The motion is granted. Additionally, this action is dismissed under 28 U.S.C. § 1915(e). Standard of Review Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted. To state a claim for relief, a complaint must plead more than “legal conclusions” and “[t]hreadbare recitals of the elements of a cause of action [that are] supported by mere conclusory statements.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A plaintiff must demonstrate a plausible claim for relief, which is more than a “mere possibility of misconduct.” Id. at 679. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. at 678. Determining whether a complaint states a plausible claim for relief is a context-specific task that requires the reviewing court to draw on its judicial experience and common sense. Id. at 679. Discussion Plaintiff refinanced his 2012 Toyota Corolla with He alleges his did not receive the required Truth in Lending Act disclosures and that breached the contract. Plaintiff’s allegations are vague and conclusory. There are no allegations pertaining to the named defendant. Without any allegations showing that defendant violated a cognizable right, the complaint fails to state a claim upon which relief can be granted. As a result, this action is dismissed. Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed separately. Dated this 7th day of December, 2016. STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE 2

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