Jackson v. Leonard et al
Memorandum of Opinion and Order. The request to proceed in forma pauperis is granted, and this action is dismissed under 28 U.S.C. § 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. Related documents 1 , 2 . Judge Donald C. Nugent on 1/9/2018. (M, S)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
PALMER LEONARD, et al.,
CASE NO. 1:17 CV 2678
JUDGE DONALD C. NUGENT
MEMORANDUM OF OPINION
On March 2, 2017, plaintiff pro se Marquette Jackson filed this in forma pauperis action
against defendants Palmer Leonard and Brenda Holmes. Plaintiff’s brief complaint does not
contain legible, coherent allegations, and must therefore be dismissed.
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 federal claim against the named 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
Accordingly, the request to proceed in forma pauperis is granted, and this action is
dismissed under 28 U.S.C. § 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.
/s/Donald C. Nugent 1/09/18
DONALD C. NUGENT
UNITED STATES DISTRICT JUDGE
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