Smith v. Colvin et al

Filing 3

Memorandum Opinion and Order dismissing Plaintiff's complaint. Plaintiff's application to proceed in forma pauperis (Doc. No. 2 ) is granted. An appeal from this decision could not be taken in good faith. Judge John R. Adams on 5/8/17. (K,C)

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO Kimani Smith, Plaintiff, v. Joy Colvin, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 5:17 CV 915 JUDGE JOHN R. ADAMS MEMORANDUM OF OPINION AND ORDER Pro se plaintiff Kimani Smith has filed this in forma pauperis civil action against Joy Colvin, Christopher Hendon, and others. The sum total of the substantive allegations set forth in his complaint, however, are that he is aware that Joy Colvin’s live-in boyfriend Christopher Hendon is involved in criminal activity; impersonating a police officer and said wrongdoers have put my daughter’s life at risk. (Doc. No. 1.) His complaint and Civil Cover Sheet indicate he seeks to assert a claim for “Endangering Children” under Ohio’s child endangerment statute, Ohio Rev. Code §2919.22. 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), federal district courts are required under 28 U.S.C. §1915(e) to screen all in forma pauperis actions, and dismiss before service any such action that the court determines is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C. §1915(e)(2)(B). In order to survive a dismissal, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). The plaintiff’s complaint must be dismissed pursuant to 28 U.S.C. §1915(e)(2)(B) because it fails to allege factual material reasonably suggesting he might have any plausible federal civil claim over which this Court has jurisdiction.1 Accordingly, the plaintiff’s application to proceed in forma pauperis (Doc. No. 2) is granted, but his action is dismissed in accordance with 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. IT IS SO ORDERED. Date: May 8, 2017 /s/ John R. Adams JOHN R. ADAMS UNITED STATES DISTRICT JUDGE 1 If the plaintiff truly believes his child’s life is in danger within the meaning of Ohio Rev. Code §2919.22, he should seek assistance from law enforcement. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?