Jordan v. State of Ohio

Filing 3

Memorandum Opinion and Order For the reasons stated in the Order, this action is dismissed under section 1915A. 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. Signed by Judge Dan Aaron Polster on 12/29/2016. (K,K)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

ALFONZIA JORDAN, JR.,
Plaintiff,
v.
STATE OF OHIO, et al.,
Defendants.

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CASE NO. 1:16 CV 3014
JUDGE DAN AARON POLSTER
MEMORANDUM OF OPINION
AND ORDER

On December 16, 2016, Plaintiff pro se Alfonzia Jordan Jr., an inmate at the Cuyahoga
County Jail, filed this 42 U.S.C. § 1983 action against Defendants State of Ohio and the State of
Ohio Bureau of Criminal Investigation. Plaintiff alleges in the Complaint that he was acquitted
of rape charges after it was revealed in his criminal trial that there was not DNA evidence linking
him to the crimes. He asserts his right to a speedy trial was denied.
A district court is expressly 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. 99-5323, 2000 WL 145167 , at *2 (6th Cir. Feb. 1, 2000).
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.
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 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 federal 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, States are not "persons" subject
to suit under 42 U.S.C. § 1983. Will v. Michigan Dept. of State Police, 491 U.S. 58 (1989).
Accordingly, this action is dismissed under section 1915A. 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/Dan Aaron Polster 12/29/2016
DAN AARON POLSTER
UNITED STATES DISTRICT JUDGE

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