Redden v. International Brotherhood of Electrical Workers Local Union No. 1521

Filing 9

MEMORANDUM AND ORDER - This matter is dismissed without prejudice because the Amended Complaint fails to state a claim upon which relief may be granted. A separate judgment will be entered in accordance with this Memorandum and Order and the courts April 15, 2011, Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (MKR, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DARRELL REDDEN, Union Member
Local 1521 #7408327,
Plaintiff,
v.
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS LOCAL
UNION NO. 1521,
Defendant.

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8:11CV36

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On April 15, 2011, the court
conducted an initial review of Plaintiff’s Complaint and found that Plaintiff failed to state
a claim upon which relief may be granted as to all claims asserted. (Filing No. 8.) In
particular, the court determined that:
Plaintiff does not allege that the IBEW Local 1521 acted arbitrarily or in bad
faith, and does not allege that the union discriminated against him. At best,
Plaintiff has alleged that the IBEW Local 1521 was negligent or inept in
pursuing his grievance. In light of the deference due the IBEW Local 1521,
the allegations currently before the court are insufficient to “nudge” Plaintiff’s
claims cross the line from conceivable to plausible.
(Id. at CM/ECF p. 3.) In light of these pleading deficiencies, the court granted Plaintiff an
opportunity to amend.
In response, Plaintiff filed an Amended Complaint on May 6, 2011. (Filing No. 8.)
In his Amended Complaint, Plaintiff repeats the allegations of his original complaint and sets
forth additional complaints about his termination. (Id.) However, Plaintiff again fails to
allege that Defendant acted arbitrarily, in bad faith, or in a discriminatory manner in failing
to pursue Plaintiff’s grievance. (Id.) After careful review of the Amended Complaint, the
court finds that, even after amendment, Plaintiff has failed to state a claim upon which relief

may be granted. See 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.”); Martin v.
Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985) (holding that, 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). For these reasons, and the reasons set forth in the court’s April
15, 2011, Memorandum and Order, this matter is dismissed without prejudice.
IT IS THEREFORE ORDERED that:
1.

This matter is dismissed without prejudice because the Amended Complaint

fails to state a claim upon which relief may be granted.
2.

A separate judgment will be entered in accordance with this Memorandum and

Order and the court’s April 15, 2011, Memorandum and Order.
DATED this 20 th day of June, 2011.
BY THE COURT:
s/ Joseph F. Bataillon
Chief United States District Judge

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the opinion of the court.
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