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)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

Kimani Smith,
Plaintiff,
v.
Joy Colvin, et al.,
Defendants.

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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