Caldwell v. McGhee

Filing 4

Memorandum Opinion and Order: Accordingly, this action is dismissed under section 1915(e). 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. Judge Patricia A. Gaughan on 4/14/15. (LC,S)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

CALVIN C. CALDWELL, JR.,
Plaintiff,
v.
TAMMY R. MCGHEE,
Defendant.

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CASE NO. 1:15 CV 123
JUDGE PATRICIA A. GAUGHAN

MEMORANDUM OF OPINION
AND ORDER

On January 20, 2015, pro se Plaintiff Calvin C. Caldwell, Jr., an inmate at the Mansfield
Correctional Institution, filed this in forma pauperis action against Defendant Tammy K. McGhee.
Plaintiff alleges in the Complaint that Defendant, a court reporter, did an unprofessional job
preparing a transcript of Plaintiff’s criminal proceedings. Plaintiff paid $1300 for the transcript,
and asserts Defendant is liable for breach of contract.
Although pro se pleadings are liberally construed, Boag v. MacDougall, 454 U.S. 364, 365
(1982) (per curiam); Haines v. Kerner, 404 U.S. 519, 520 (1972), the district court is required to
dismiss an action under 28 U.S.C. § 1915(e) if it fails to state a claim upon which relief can be
granted, or if it lacks an arguable basis in law or fact. Neitzke v. Williams, 490 U.S. 319 (1989);
Lawler v. Marshall, 898 F.2d 1196 (6th Cir. 1990); Sistrunk v. City of Strongsville, 99 F.3d 194,
197 (6th Cir. 1996).
Even construing the Complaint liberally, there are no allegations suggesting a proper basis

for this Court's jurisdiction. Plaintiff does not invoke a federal statute in support of his claim, and
the amount of damages sought does not fall within the jurisdictional minimum necessary to support
a claim based on diversity of citizenship.

28 U.S.C. § 1332.

This action is, therefore,

appropriately subject to summary dismissal. See, e.g., Lowe v. Hustetler, No. 89-5996, 1990 WL
66822 (6th Cir. May 21, 1990).
Accordingly, this action is dismissed under section 1915(e). 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.
/s/ Patricia A. Gaughan
PATRICIA A. GAUGHAN
UNITED STATES DISTRICT JUDGE
Dated: 4/13/15

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