Spencer-Dey v. G.C. Services

Filing 3

Memorandum of Opinion and Order. Case is dismissed. 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 Christopher A. Boyko on 4/21/2016. (H,CM)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
CANDACE K. SPENCER-DEY,
Plaintiff,
v.
B. GENTRY, G.C. SERVICES,
Defendant.

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CASE NO. 1:16 CV 904
JUDGE CHRISTOPHER A. BOYKO
MEMORANDUM OF OPINION
AND ORDER

On April 15, 2016, Plaintiff pro se Candace Spencer-Dey this action against Defendant B.
Gentry, G.C. Services. Plaintiff does not set forth substantive allegations or an intelligible legal
theory in the Complaint.
Principles requiring generous construction of pro se pleadings are not without limits.
Beaudett v. City of Hampton, 775 F.2d 1274, 1277 (4th Cir. 1985). A complaint must contain
either direct or inferential allegations respecting all the material elements of some viable legal
theory to satisfy federal notice pleading requirements. See Schied v. Fanny Farmer Candy
Shops, Inc., 859 F.2d 434, 437 (6th Cir. 1988). District courts are not required to conjure up
questions never squarely presented to them or to construct full blown claims from sentence
fragments. Beaudette, 775 F.2d at 1278. To do so would "require ...[the courts] to explore
exhaustively all potential claims of a pro se plaintiff, ... [and] would...transform the district court
from its legitimate advisory role to the improper role of an advocate seeking out the strongest
arguments and most successful strategies for a party." Id.
Even liberally construed, the Complaint does not contain allegations reasonably
suggesting Plaintiff 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). This case is therefore
appropriately subject to summary dismissal. See, Apple v. Glenn, 183 F.3d 477, 479 (6th Cir.
1999).
Accordingly, this case is dismissed. 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/ Christopher A. Boyko
CHRISTOPHER A. BOYKO
UNITED STATES DISTRICT JUDGE
DATED: April 21, 2016

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