Rogers v. Target Corp.

Filing 5

ORDER OF DISMISSAL WITH LEAVE TO REPLEAD Plaintiff's complaint, filed IFP under 28 U.S.C. § 1915(a)(1), is dismissed pursuant to 28U.S.C. § 1915(e)(2)(B)(ii), with 30 days leave to replead his claims in an amended complaint,should he w ish to do so.The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order wouldnot be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. SeeCoppedge v. United States, 369 U.S. 438, 444-45 (1962).The Court directs the Clerk of Court to hold this matter open on the docket until a civiljudgment is entered.SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/3/2025) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JOSHUA ROGERS,
Plaintiff,
-against-

24-CV-7883 (LTS)
ORDER OF DISMISSAL
WITH LEAVE TO REPLEAD

TARGET CORP.,
Defendant.

LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff, who is appearing pro se, brings this action without indicating whether he filed it
under the Court’s federal question or diversity of citizenship jurisdiction, and without setting
forth any specific causes of action. By order dated November 25, 2024, the Court granted
Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. For
the following reasons, the Court dismisses the complaint with 30 days’ leave to replead.
STANDARD OF REVIEW
The Court must dismiss an IFP complaint, or any portion of the complaint, that is
frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary
relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see
Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998). The Court must also
dismiss a complaint when the Court lacks subject matter jurisdiction of the claims raised. See
Fed. R. Civ. P. 12(h)(3).
While the law mandates dismissal on any of these grounds, the Court is obliged to
construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret
them to raise the “strongest [claims] that they suggest,” Triestman v. Fed. Bureau of Prisons, 470
F.3d 471, 474 (2d Cir. 2006) (internal quotation marks and citations omitted) (emphasis in

original). But the “special solicitude” extended to pro se litigants, id. at 475 (citation omitted),
has its limits – to state a claim, pro se pleadings still must comply with Rule 8 of the Federal
Rules of Civil Procedure. In addition, “the degree of solicitude may be lessened where the
particular pro se litigant is experienced in litigation and familiar with the procedural setting
presented.” Tracy v. Freshwater, 623 F.3d 90, 102 (2d Cir. 2010).
BACKGROUND
Plaintiff alleges in this complaint that “Target loss prevention allow[ed] a rumor to cloud
their judgment.” (ECF 1 ¶ III.) In August 2020, Plaintiff was diagnosed “with orthopox, patient
zero for New York and [his] pandemic results in death.” (Id.) Plaintiff further claims that
shoplifting in New York City was decriminalized “under Mayor Baliro for streets 1 – 96”; that
“your employee murdered me by using incest that made me look as if I had AIDS”; and that
Bellevue Hospital “gave me a shot in the back of the hand to kill me. (Id.)
Plaintiff alleges that he was “killed with the shot given.” (Id.) He seeks a “whole head
transplant procedure”; insurance “for life”; the ability to alway[s] be revive[d]”; “artificial
insemination for [his] first child in case [he doesn’t] live”; and $400 million in damages. (Id.
¶ IV.)
DISCUSSION
A.

The complaint does not comply with federal pleading rules
Rule 8 of the Federal Rules of Civil Procedure requires a complaint to include enough

facts to state a claim for relief “that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S.
544, 570 (2007). A claim is facially plausible if the plaintiff pleads enough factual detail to allow
the Court to draw the inference that the defendant is liable for the alleged misconduct. In
reviewing the complaint, the Court must accept all well-pleaded factual allegations as true.
Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009). But it does not have to accept as true
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“[t]hreadbare recitals of the elements of a cause of action,” which are essentially just legal
conclusions. Twombly, 550 U.S. at 555. After separating legal conclusions from well-pleaded
factual allegations, the Court must determine whether those facts make it plausible – not merely
possible – that the pleader is entitled to relief. Id.
Furthermore, under Rule 8(a)(2), a complaint must contain “a short and plain statement
of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). “A complaint
fails to comply with Rule 8(a)(2) if it is ‘so confused, ambiguous, vague, or otherwise
unintelligible that its true substance, if any, is well disguised.”’ Strunk v. U.S. House of
Representatives, 68 F. App’x 233, 235 (2d Cir. 2003) (summary order) (quoting Salahuddin v.
Cuomo, 861 F.2d 40, 42 (2d Cir. 1988)). Rule 8 “does not demand that a complaint be a model of
clarity or exhaustively present the facts alleged,” but it does require, “at a minimum, that a
complaint give each defendant fair notice of what the plaintiff’s claim is and the ground upon
which it rests.” Atuahene v. City of Hartford, 10 F. App’x 33, 34 (2d Cir. 2001) (citation and
quotation marks omitted).
Plaintiff’s complaint does not comply with basic pleading requirements. The only
allegation against Defendant is that “Target loss prevention allow[ed] a rumor to cloud their
judgment.” (ECF 1 ¶ III.) This assertion does not provide a short and plain statement giving
Defendant fair notice of the claims he is asserting and the grounds on which they rest. Nor does
Plaintiff provide any indication of the legal basis of his claims or why this Court has jurisdiction
of his claims. Plaintiff’s other allegations – about his medical issues, the decriminalization of
shoplifting in New York City, and being murdered “by incest” – appear wholly unrelated to any
claims he may be asserting against Target, the only Defendant named in this complaint.

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LEAVE TO AMEND AND LITIGATION HISTORY
Plaintiff proceeds in this matter without the benefit of an attorney. District courts
generally should grant a self-represented plaintiff an opportunity to amend a complaint to cure its
defects, unless amendment would be futile. See Hill v. Curcione, 657 F.3d 116, 123-24 (2d Cir.
2011); Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988). In an abundance of caution, and in
light of Plaintiff’s pro se status, the Court grants him leave to replead his claims against
Defendant.
The Court notes that Plaintiff has filed, and continues to file, pro se complaints in this
court. Of the complaints that have been adjudicated in this court, only one, a social security
appeal, has proceeded. See Rogers v. Palm Restaurant, ECF 1:25-CV-1663, 1 (LTS) (S.D.N.Y.
filed Feb. 24, 2025); Rogers v. Walmart, Inc., ECF 1:25-CV-289, 1 (LTS) (S.D.N.Y. filed Jan. 2,
2025) (pending); Rogers v. Rogers, ECF 1:25-CV-288, 1 (UA) (S.D.N.Y. filed Jan. 2, 2025)
(pending); Rogers v. Bowflex Inc., ECF 1:24-CV-8737, 5 (LTS) (S.D.N.Y. Nov. 26, 2024)
(transferring complaint to the United States District Court for the District of New Jersey); Rogers
v. Comm’r of Soc. Sec., ECF 1:24-CV-7898, 1 (SDA) (S.D.N.Y. filed Oct. 10, 2024) (pending);
Rogers v. Gardasil, ECF 1:24-CV-7889, 4 (LTS) (S.D.N.Y. Oct. 25, 2024) (transferring
complaint to the United States District Court for the Western District North Carolina); Rogers v.
Gates, ECF 1:24-CV-7077, 8 (LTS) (S.D.N.Y. Oct. 10, 2024) (transferring complaint to the
United States District Court for the Northern District of Georgia); 1 Rogers v. DeJoy, ECF 1:24CV-7076, 5 (LTS) (S.D.N.Y. Dec. 12, 2024) (dismissing complaint for failure to state a claim

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Two of the three transferred cases have already been dismissed. See Rogers v. Gardasil,
No. 24-CV-991 (W.D.N.C. Dec. 12, 2024) (dismissing complaint because of incomplete IFP
application); Rogers v. Gates, No. 24-CV-4983 (N.D. Ga. Nov. 4, 2024) (dismissing complaint
for lack of subject matter jurisdiction).
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and lack of subject matter jurisdiction); Rogers v. NYU Hosp. Doctors, ECF 1:24-CV-6974, 5
(LTS) (S.D.N.Y. Jan. 10, 2025) (dismissing complaint for lack of subject matter jurisdiction);
Rogers v. Carter, ECF 1:24-CV-6253, 5 (LTS) (S.D.N.Y. Nov. 14, 2024) (dismissing complaint
for lack of subject matter jurisdiction).
In light of this litigation history, the Court finds that Plaintiff should be able to file a
complaint that is properly filed in this District, complies with federal pleading rules, and shows
that the Court has subject matter jurisdiction of this claims, should facts exist to support a
plausible claim against Defendant. See Sledge v. Kooi, 564 F.3d 105, 109-10 (2d Cir. 2009)
(discussing circumstances where litigant may be charged with knowledge of particular legal
requirements); Roberts v. United States, ECF 1:24-CV-1512, 4 (LTS), 2024 WL 3606708, at *1
(S.D.N.Y. July 29, 2024) (instructing frequent pro se litigant that “before filing any lawsuit, she
must make a good faith investigation into whether she has a nonfrivolous legal claim,” and that
“[r]epetitive filing of frivolous litigation in this Court could result in an order barring [her] from
filing new actions IFP under 28 U.S.C. § 1651”).
If Plaintiff does not file an amended complaint within the time allowed, the Court will
direct the Clerk of Court to enter judgment in this action, dismissing the complaint.
CONCLUSION
Plaintiff’s complaint, filed IFP under 28 U.S.C. § 1915(a)(1), is dismissed pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii), with 30 days leave to replead his claims in an amended complaint,
should he wish to do so.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would
not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See
Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

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The Court directs the Clerk of Court to hold this matter open on the docket until a civil
judgment is entered.
SO ORDERED.
Dated:

March 3, 2025
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
____ Civ. ________ ( ____ )
(In the space above enter the full name(s) of the plaintiff(s). )

AMENDED
COMPLAINT

-against-

Jury Trial:

Q Yes

Q

No

(check one)

(In the space above enter the full name(s) of the defendant(s). If you
cannot fit the names of all of the defendants in the space provided,
please write “see attached” in the space above and attach an
additional sheet of paper with the full list of names. The names
listed in the above caption must be identical to those contained in
Part I. Addresses should not be included here. )

I.

Parties in this complaint:

A.

List your name, address and telephone number. If you are presently in custody, include your
identification number and the name and address of your current place of confinement. Do the same
for any additional plaintiffs named. Attach additional sheets of paper as necessary.

Plaintiff

Name ___________________________________________________________________
Street Address ____________________________________________________________
County, City ______________________________________________________________
State & Zip Code __________________________________________________________
Telephone Number ________________________________________________________

B.

List all defendants. You should state the full name of the defendant, even if that defendant is a
government agency, an organization, a corporation, or an individual. Include the address where
each defendant may be served. M ake sure that the defendant(s) listed below are identical to those
contained in the above caption. Attach additional sheets of paper as necessary.

Rev. 12/2009

1

Defendant No. 1

Name ___________________________________________________________
Street Address _______________________________________________________
County, City _________________________________________________________
State & Zip Code ____________________________________________________
Telephone Number ____________________________________________________

Defendant No. 2

Name ___________________________________________________________
Street Address _______________________________________________________
County, City _________________________________________________________
State & Zip Code ____________________________________________________
Telephone Number ____________________________________________________

Defendant No. 3

Name ___________________________________________________________
Street Address _______________________________________________________
County, City _________________________________________________________
State & Zip Code ____________________________________________________
Telephone Number ____________________________________________________

Defendant No. 4

Name ___________________________________________________________
Street Address _______________________________________________________
County, City _________________________________________________________
State & Zip Code ____________________________________________________
Telephone Number ____________________________________________________

II.

Basis for Jurisdiction:

Federal courts are courts of limited jurisdiction. Only two types of cases can be heard in federal court:
cases involving a federal question and cases involving diversity of citizenship of the parties. U nder 28
U. S. C. § 1331, a case involving the United States Constitution or federal laws or treaties is a federal
question case. Under 28 U. S. C. § 1332, a case in which a citizen of one state sues a citizen of another
state and the amount in damages is more than $75, 000 is a diversity of citizenship case.
A.

What is the basis for federal court jurisdiction? (check all that apply)

Q Federal Questions
B.

Q Diversity of Citizenship

If the basis for jurisdiction is Federal Question, what federal Constitutional, statutory or treaty right
is at issue? _____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

C.

If the basis for jurisdiction is Diversity of Citizenship, what is the state of citizenship of each party?
Plaintiff(s) state(s) of citizenship ____________________________________________________
Defendant(s) state(s) of citizenship ____________________________________________________
______________________________________________________________________________

Rev. 12/2009

2

III.

Statement of Claim:

State as briefly as possible the facts of your case. Describe how each of the defendants named in the
caption of this complaint is involved in this action, along with the dates and locations of all relevant events.
You may wish to include further details such as the names of other persons involved in the events giving
rise to your claims. Do not cite any cases or statutes. If you intend to allege a number of related claims,
number and set forth each claim in a separate paragraph. Attach additional sheets of paper as necessary.
A.

Where did the events giving rise to your claim(s) occur? _______________________________

______________________________________________________________________________________
B.

What date and approximate time did the events giving rise to your claim(s) occur? ___________

_____________________________________________________________________________________
______________________________________________________________________________________
C.

Facts: _________________________________________________________________________

______________________________________________________________________________________
W hat
h ap p en ed
to you ?

______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

W ho did
w hat?

______________________________________________________________________________________
_____________________________________________________________________________________
______________________________________________________________________________________
____________________________________________________________________________________

W as an yon e
else
in volved ?

____________________________________________________________________________________
____________________________________________________________________________________
_____________________________________________________________________________________

W ho else
saw w hat
h ap p en ed ?

_____________________________________________________________________________________
_____________________________________________________________________________________
____________________________________________________________________________________

IV.

Injuries:

If you sustained injuries related to the events alleged above, describe them and state what medical
treatment, if any, you required and received. ________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
__________________________________________________________________________________

Rev. 12/2009

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V.

Relief:

State what you want the Court to do for you and the amount of monetary compensation, if any, you are
seeking, and the basis for such compensation.

I declare under penalty of perjury that the foregoing is true and correct.
Signed this

day of

, 20

.

Signature of Plaintiff

_____________________________________

M ailing Address

_____________________________________
_____________________________________
_____________________________________

Telephone Number

_____________________________________

Fax Number (if you have one) _______________________________
Note:

All plaintiffs named in the caption of the complaint must date and sign the complaint. Prisoners
must also provide their inmate numbers, present place of confinement, and address.

For Prisoners:
I declare under penalty of perjury that on this _____ day of _________________, 20__, I am delivering
this complaint to prison authorities to be mailed to the Pro Se Office of the United States District Court for
the Southern District of New York.

Rev. 12/2009

Signature of Plaintiff:

_____________________________________

Inmate Number

_____________________________________

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