Woolman v. Three Eagles et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL B. WOOLMAN,
COMMUNICATION & FAMILY &
EMPLOYEES, AND DIAMONDS
MIDWEST ESCORT SERVICE,
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.
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.
IT IS THEREFORE ORDERED that:
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.
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
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
DATED this 21st day of June, 2013.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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