St. John v. Cuyahoga Metropolitan Housing Authority, et al.,

Filing 4

Memorandum of Opinion and Order. Plaintiff's Motion to proceed in forma pauperis (Related doc # 2 ) is granted. This action is dismissed under section 1915(e). 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 6/30/2017. (H,CM)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

LARS ST. JOHN,
Plaintiff,
v.
CUYAHOGA METROPOLITAN HOUSING
AUTHORITY, et al.,
Defendants.

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CASE NO. 1:17 CV 734
JUDGE CHRISTOPHER A. BOYKO
MEMORANDUM OF OPINION
AND ORDER

On April 7, 2017, Plaintiff pro se Lars St. John filed this in forma pauperis action against
the Cuyahoga County Metropolitan Housing Authority (“CMHA”) and Jeffrey K. Patterson.
Plaintiff’s brief Complaint states he submitted a preliminary housing application to CMHA in
December 2010, and has been on a waiting list since then. Plaintiff also alleges he has met single
women without children who applied after he did and are now living in CMHA housing. He
asserts CMHA has been negligent and unwilling to follow policy. Plaintiff seeks $1 million in
damages.
Although pro se pleadings are liberally construed, Boag v. MacDougall, 454 U.S. 364,
365 (1982) (per curiam), 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.1 Neitzke v. Williams, 490 U.S. 319 (1989); Hill v. Lappin, 630 F.3d 468, 470 (6th
Cir. 2010).
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
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An in forma pauperis claim may be dismissed sua sponte, without prior notice to the
plaintiff and without service of process on the defendant, if the court explicitly states that
it is invoking section 1915(e) and is dismissing the claim for one of the reasons set forth
in the statute. Chase Manhattan Mortg. Corp. v. Smith, 507 F.3d 910, 915 (6th Cir. 2007);
Gibson v. R.G. Smith Co., 915 F.2d 260, 261 (6th Cir. 1990).

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 federal claim against Defendants. 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).
Accordingly, the request to proceed in forma pauperis is granted, and this action is
dismissed under section 1915(e). 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:

June 30, 2017

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