Ganaway v. State of Ohio et al
Filing
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Memorandum of Opinion and Order signed by Judge James S. Gwin on 9/6/12. The Court, for the reasons set forth in this entry, dismisses the complaint without prejudice and certifies that an appeal could not be taken in good faith. (Related Doc. 1 ) (M,G)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
CLARENCE GANAWAY,
Plaintiff,
v.
STATE OF OHIO, et al.,
Defendants.
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CASE NO. 1:12 CV 892
JUDGE JAMES S. GWIN
MEMORANDUM OF OPINION
AND ORDER
On April 13, 2012, plaintiff pro se Clarence Ganaway, an inmate the Mansfield Correctional
Institution, filed this action against the State of Ohio and the Ohio Department of Rehabilitation and
Corrections.1 The complaint asserts in very general terms that grand juries in the State of Ohio
violate the rights of citizens to due process and equal protection. For the reasons stated below, this
action is dismissed pursuant to 28 U.S.C. § 1915A.
A district court is required to dismiss any civil action filed by a prisoner seeking relief from
a governmental officer or entity, as soon as possible after docketing, if the court concludes that the
complaint fails to state a claim upon which relief may be granted, or if the plaintiff seeks monetary
relief from a defendant who is immune from such relief. 28 U.S.C. §1915A; Siller v. Dean, No. 995323, 2000 WL 145167 , at *2 (6th Cir. Feb. 1, 2000).
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While the docket reflects a “Notice of Appeal” was filed in this case on July 23,
2012, this appears to have been an error, since there was no decision to appeal.
A cause of action fails to state a claim upon which relief may be granted when it lacks
“plausibility in the complaint.” Bell At. Corp. V. Twombly, 550 U.S. 544, 564 (2007). A pleading
must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.”
Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009). The factual allegations in the pleading must be
sufficient to raise the right to relief above the speculative level on the assumption that all the
allegations in the complaint are true. Twombly, 550 U.S. at 555. The plaintiff is not required to
include detailed factual allegations, but must provide more than “an unadorned,
the-defendant-unlawfully-harmed-me accusation.” Iqbal , 556 U.S. at 678 (2009).
A pleading
that offers legal conclusions or a simple recitation of the elements of a cause of action will not meet
this pleading standard. Id.
Even construing the complaint liberally in a light most favorable to the plaintiff, Brand v.
Motley, 526 F.3d 921, 924 (6th Cir. 2008), it does not contain allegations reasonably suggesting he
might have a valid claim. See, Lillard v. Shelby County Bd. of Educ,, 76 F.3d 716 (6th Cir.
1996)(court not required to accept summary allegations or unwarranted legal conclusions in
determining whether complaint states a claim for relief). Further, to the extent plaintiff might be
seeking to challenge the fact or duration of his imprisonment, he may seek federal relief only via
habeas corpus. Preiser v. Rodriguez, 411 U.S. 475, 501 (1973).
Accordingly, this action is dismissed without prejudice under section 1915A. Further, the
court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be
taken in good faith.
IT IS SO ORDERED.
Dated: September 6, 2012
s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE
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