Woolman v. Three Eagles et al

Filing 9

MEMORANDUM AND ORDER that the Plaintiff shall have until July 22, 2013, to amend his Complaint to clearly state a claim upon which relief may be granted against the defendant in accordance with this Memorandum and Order. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Check for amended complaint on July 22, 2013. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (ADB)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA MICHAEL B. WOOLMAN, Plaintiff, v. THREE EAGLES COMMUNICATION & FAMILY & EMPLOYEES, AND DIAMONDS MIDWEST ESCORT SERVICE, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) 4:13CV3024 MEMORANDUM AND ORDER Plaintiff filed his Complaint in this matter on February 5, 2013. (Filing No. 1.) Plaintiff has previously been given leave to proceed in forma pauperis. The court now conducts an initial review of the Complaint to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). I. SUMMARY OF COMPLAINT Plaintiff filed his Complaint against “THREE EAGLES Communication & Family & Employees & Diamonds Midwest Escort Service.” (Filing No. 1 at CM/ECF p. 1.) Plaintiff is a nonprisoner who resides in Lincoln, Nebraska. (Id. at CM/ECF p. 7.) Plaintiff’s Complaint is entitled a “Stipulation for Protective & Restraining Order.” (Id. at CM/ECF p. 1.) In it, Plaintiff alleges that the “parties” have stipulated for “an order pursuant to Fed. R. Civ. P. 26(c).” (Id.) Further, Plaintiff states that his “current job” is “Attorney At Law,” and he also states that he submits himself “to the jurisdiction of the United States District Court for the District of Nebraska for the purpose of otherwise enforcing or providing relief relating to Protective & Restraining Order.” (Id. at CM/ECF pp. 6-7.) Plaintiff’s Complaint contains no allegations against the defendant or any individual. (Id.) II. APPLICABLE LEGAL STANDARDS ON INITIAL REVIEW The court is required to review in forma pauperis complaints to determine whether summary dismissal is appropriate. See 28 U.S.C. § 1915(e). The court must dismiss a complaint or any portion thereof that states a frivolous or malicious claim, that fails to state a claim upon which relief may be granted, or that seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B). Pro se plaintiffs must set forth enough factual allegations to “nudge[] their claims across the line from conceivable to plausible,” or “their complaint must be dismissed” for failing to state a claim upon which relief can be granted. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 569-70 (2007); see also Ashcroft v. Iqbal, 129 S. Ct. 1937, 1950 (2009) (“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.”). Regardless of whether a plaintiff is represented or is appearing pro se, the plaintiff’s complaint must allege specific facts sufficient to state a claim. See Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985). However, a pro se plaintiff’s allegations must be construed liberally. Burke v. North Dakota Dep’t of Corr. & Rehab., 294 F.3d 1043, 1043-44 (8th Cir. 2002) (citations omitted). III. DISCUSSION OF CLAIMS Federal Rule of Civil Procedure 8 requires that pleadings contain “short and plain statement[s]” of the grounds for the court’s jurisdiction and of the claim showing that the Plaintiff is entitled to relief. Fed. R. Civ. P. 8. Even when liberally construed, Plaintiff’s Complaint raises no claims and makes no allegations against the defendant in this matter. (Filing No. 1.) Thus, Plaintiff’s Complaint fails to state a claim upon which relief may be granted. However, on the court’s own motion, Plaintiff shall have until July 22, 2013, to file an amended complaint that sufficiently describes his claims against the defendant. 2 Plaintiff should be mindful to explain what the defendant did to him, when the defendant did it, how the defendant’s actions harmed him, and what specific legal right Plaintiff believes the defendant violated. If Plaintiff fails to file an amended complaint in accordance with this Memorandum and Order, Plaintiff’s claims against the defendant will be dismissed without prejudice and without further notice. Accordingly, IT IS THEREFORE ORDERED that: 1. Plaintiff shall have until July 22, 2013, to amend his Complaint to clearly state a claim upon which relief may be granted against the defendant in accordance with this Memorandum and Order. If Plaintiff fails to file an amended complaint, Plaintiff’s claims against the defendant will be dismissed without further notice. 2. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Check for amended complaint on July 22, 2013. 3. Plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal without further notice. DATED this 21st day of June, 2013. BY THE COURT: Richard G. Kopf Senior United States District Judge *This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the court. 3

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