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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
ELMER LEE JEFFERSON,
Plaintiff,
v.
COURTNEY MAGNARELLA,
Defendant.

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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 CarFinance.com. He alleges his did
not receive the required Truth in Lending Act disclosures and that CarFinance.com 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

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