LAWTON v. NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS et al

Filing 14

OPINION FILED. Signed by Judge Robert B. Kugler on 8/9/16. (js)

NOT FOR PUBLICATION

(Doc. No. 8)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
___________________________________
:
Nishon Latia LAWTON,
:
Civil No. 15–8526 (RBK/JS)
:
Plaintiff,
:
OPINION
:
v.
:
:
NEW JERSEY DEPARTMENT OF
:
COMMUNITY AFFAIRS, et al.,
:
:
Defendants. :
___________________________________ :
KUGLER, United States District Judge:
Pro se Plaintiff Nishon Latia Lawton, also known as Nishon Latia Lawton Bey, brings
suit against the New Jersey Department of Community Affairs, Elena Gaines, Frank Losey,
Carol Quinette, Tracy McGovern-Smith, and Yahoo! Inc. (“Yahoo”). This action comes before
the Court on Yahoo’s Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6).
For the reasons expressed below, Yahoo’s Motion (Doc. No. 8) is GRANTED. Any claim
against Yahoo is DISMISSED.
Under Federal Rule of Civil Procedure 12(b)(6), a court may dismiss an action for failure
to state a claim upon which relief can be granted. When evaluating a motion to dismiss, “courts
accept all factual allegations as true, construe the complaint in the light most favorable to the
plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff
may be entitled to relief.” Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009)
(quoting Phillips v. Cnty. of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008)). In other words, a
complaint survives a motion to dismiss if it contains sufficient factual matter, accepted as true, to

1

“state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S.
544, 570 (2007).
The only mention of Yahoo in Plaintiff’s Complaint is a listing in the caption with the
word “supeona [sic]” next to it. See Compl. at 1 (Doc. No. 1). Yahoo is not listed in the first page
of Plaintiff’s Complaint in the “Defendants” section, id. at 2, and Plaintiff’s Complaint does not
make a single factual allegation against Yahoo. See generally id. The Court agrees with Yahoo
that “as opposed to naming Yahoo as a defendant, it may be the case that Plaintiff actually
intended to subpoena Yahoo, an email service provider, for records in support of one of her
causes of action.” See Yahoo’s Mot. at 1 (Doc. No. 8–1).1
Plaintiff fails to allege any facts at all against Yahoo, let alone facts sufficient to state a
claim against Yahoo. As such, Yahoo’s Motion to Dismiss (Doc. No. 8) is GRANTED and any
claim against Yahoo is DISMISSED.
Dated: 08/09/2016

s/ Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

1

If Plaintiff intended to subpoena Yahoo, she should review and comply with Federal Rule of
Civil Procedure 45, which sets out the proper form and contents for a subpoena, as well as the
requirements for service. See Fed. R. Civ. P. 45(a)–(b).
2