Shields v. National Association of Letter Carriers #343 Hall

Filing 5

MEMORANDUM AND ORDER re: 4 , 2 ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. FURTHER ORDERED that the Clerk shall not issue process or cause process to issue, because the complaint is legally frivolous an d fails to state a claim upon which relief can be granted. FURTHER ORDERED that plaintiff's motion for appointment of counsel [Doc. #4] is DENIED as moot. A separate Order of Dismissal shall accompany this Memorandumand Order.. Signed by District Judge Jean C. Hamilton on 1/23/14. (CEL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ERIC BERNARD SHIELDS,
Plaintiff,
v.
NATIONAL ASSOCIATION OF
LETTER CARRIERS #343 HALL,
Defendant.

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No. 4:13-CV-2576-JCH

MEMORANDUM AND ORDER
This matter is before the Court upon the motion of Eric Shields for leave to
commence this action without prepayment of the filing fee pursuant to 28 U.S.C. §
1915 [Doc. #2]. Upon consideration of the financial information provided with the
application, the Court finds that plaintiff is financially unable to pay any portion of
the filing fee. As a result, plaintiff will be granted leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915. Additionally, the Court has reviewed the complaint
and will dismiss it as legally frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B).
28 U.S.C. § 1915(e)
Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court may dismiss a complaint filed
in forma pauperis if the action is frivolous, malicious, fails to state a claim upon
which relief can be granted, or seeks monetary relief against a defendant who is

immune from such relief. An action fails to state a claim upon which relief can be
granted if it does not plead “enough facts to state a claim to relief that is plausible on
its face.” Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1974 (2007).
In reviewing a pro se complaint under § 1915(e)(2)(B), the Court must give the
complaint the benefit of a liberal construction. Haines v. Kerner, 404 U.S. 519, 520
(1972). The Court must also weigh all factual allegations in favor of the plaintiff,
unless the facts alleged are clearly baseless. Denton v. Hernandez, 504 U.S. 25, 32
(1992).
The Complaint
Plaintiff, who is proceeding pro se, has filed the instant complaint against the
“National Association of Letter Carriers #343 Hall.” Plaintiff alleges, as follows:
The union president Bill Lester, reply when address to represent the
United States “Presidential Appointment,” of President William Bill
Clinton, as remove 1st in December 21, 1998 and re-instated to be
removed again after 89 day of a 2nd probationary period and as
President of the Union #343 refuses to appoint and union member as to
and with the appointed act of the “Executive Orders” from the executive
branch.
The Federal Rules of Civil Procedure require litigants to formulate their
pleadings in an organized and comprehensible manner. Even pro se litigants are
obligated to plead specific facts and proper jurisdiction and must abide by the Federal
Rules of Civil Procedure; however, plaintiff has failed to do so in this case. See U.S.
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v. Wilkes, 20 F.3d 651, 653 (5th Cir. 1994); Boswell v. Honorable Governor of Texas,
138 F.Supp.2d 782, 785 (N.D. Texas 2000); Fed.R.Civ.P. 8(a)(2)(complaint should
contain “short and plain statement” of claims); Fed.R.Civ.P. 8(e)(2)(each claim shall
be “simple, concise, and direct”); Fed.R.Civ.P. 10(b)(parties are to separate their
claims within their pleadings “the contents of which shall be limited as far as
practicable to a single set of circumstances”). Although the Court is to give
plaintiff’s complaint the benefit of a liberal construction, the Court will not create
facts or claims that have not been alleged. Plaintiff is required, to the best of his
ability, to set out not only his alleged claims in a simple, concise, and direct manner,
but also the facts supporting his claims as to each named defendant. Because plaintiff
has failed to do so, and the instant complaint is nonsensical, the Court will dismiss
this action as legally frivolous.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis [Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that the Clerk shall not issue process or cause
process to issue, because the complaint is legally frivolous and fails to state a claim
upon which relief can be granted.

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IT IS FURTHER ORDERED that plaintiff’s motion for appointment of
counsel [Doc. #4] is DENIED as moot.
A separate Order of Dismissal shall accompany this Memorandum and Order.
Dated this 23rd Day of January, 2014.

/s/Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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