WHITE v. BETHESDA PROJECT INC.

Filing 9

MEMORANDUM. SIGNED BY HONORABLE C. DARNELL JONES, II ON 7/28/2016. 7/29/2016 ENTERED AND COPIES MAILED TO PRO SE.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TYRONE K. WHITE

CIVIL ACTION

v.

FILED

BETHESDA PROJECT INC.

NO. 16-2309

JUL 2 8 2016
~OV V. CHIN, Interim Clede

MEMORANDUM
JONES,J.

......___Dep.Cfedc

JULY

, 2016

Plaintiff Tyrone K. White, who is proceeding in forma pauper is, initiated this civil action
against the Bethesda Project Inc. The Court dismissed plaintiffs initial complaint and his
amended complaint for failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
Currently before the Court is plaintiffs second amended complaint. For the following reasons,
the Court will dismiss the second amended complaint for failure to state a claim.
In his initial complaint, which plaintiff filed using this Court's form compliant for
employment discrimination, plaintiff alleged that an employee of the Bethesda Project illegally
singed his name to a document in 2013, that his medical records were stolen, and that he was
being harassed. The Court dismissed the complaint without prejudice for failure to state a claim
because plaintiff had not alleged a factual basis for an employment discrimination or a civil
rights claim. Plaintiff responded with a letter, which the Court construed as an amended
complaint raising claims that plaintiff was discriminated against due to a perceived disability.
However, because plaintiff again failed to provide a sufficient factual basis for his claims, the
Court dismissed the amended complaint without prejudice to plaintiff filing a second amended
complaint.

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In his second amended complaint, plaintiff names the Bethesda Project and three of its
employees as defendants. He appears to be raising claims pursuant to 42 U.S.C. § 1983 and the
Fair Housing Act. He alleges that the defendants "illegally and deliberately incorrectly signed a
name very similar to [his]," and that one of the defendants "illegally and incorrect[ly] conducted
[a] Vulnerability Index Survey."

(Comp!.~

III.C.) Plaintiff does not elaborate on those

allegations but suggests that he is the victim of discrimination and that his constitutional rights
have been violated.
As plaintiff is proceeding informa pauperis, 28 U.S.C. § 1915(e)(2)(B)(ii) requires the
Court to dismiss the second amended complaint if it fails to state a claim. To survive dismissal
for failure to state a claim, a pleading 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)
(quotations omitted). "[M]ere conclusory statements[] do not suffice." Id. As plaintiff is
proceeding prose, the Court construes his allegations liberally. Higgs v. Att'y Gen., 655 F.3d
333, 339 (3d Cir. 2011).
Plaintiff's allegations fail to set forth a plausible basis for a federal claim. It is not clear
from the complaint how the defendant's actions violated any federal statute or how those actions
could be the product of illegal discrimination. As plaintiff has been given two attempts to state a
claim but has been unable to do so, the Court concludes that further efforts would be futile.
Accordingly, the Court will dismiss this case with prejudice. An appropriate order follows,
which shall be docketed separately.

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