ELLIOTT v. POINT BREEZE STATION MAIL DEPARTMENT

Filing 2

MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DISMISSED; ETC.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/23/17. 1/23/17 ENTERED AND COPIES MAILED TO PRO SE.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMIE ELLIOTT

CIVIL ACTION

v.

FILED

POINT BREEZE STATION MAIL
DEPARTMENT

NO. 17-257

MEMORANDUM
BAYLSON, J.

JA

Plaintiff Jamie Elliott brings this civil action against the "Point Breeze Station Mail
Department." He also filed a motion to proceed informa pauperis, which the Court will grant.
For the following reasons, the Court will dismiss plaintiff's complaint.
Federal Rule of Civil Procedure 8(a) requires a complaint to contain "a short and plain
statement of the claim showing that the pleader is entitled to relief." A district court may sua
sponte dismiss a complaint that does not comply with Rule 8 if "the complaint is so confused,
ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised."
Simmons v. Abruzzo, 49 F.3d 83, 86 (2d Cir. 1995) (quotations omitted). Furthermore, as
plaintiff is proceeding in forma pauperis, the Court must dismiss his complaint if it is frivolous
or fails to state a claim. See 28 U.S.C. § 1915(e)(2)(B)(i)-(ii). A complaint is frivolous if it
"lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989).
It is legally baseless if "based on an indisputably meritless legal theory," Deutsch v. United

States, 67 F.3d 1080, 1085 (3d Cir. 1995), and factually baseless "when the facts alleged rise to
the level of the irrational or the wholly incredible." Denton v. Hernandez, 504 U.S. 25, 33
(1992). To survive dismissal for failure to state a claim, the complaint must contain "sufficient
factual matter, accepted as true, to state a claim to relief that is plausible o? its face." Ashcroft v.
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Iqbal, 556 U.S. 662, 678 (2009) (quotations omitted). Conclusory statements and naked

assertions will not suffice. Id.
The complaint is based on events that occurred in 2011, and provides the following
factual basis for plaintiffs claims: "mail errors, has complaints from state representative office
the hold block names are on the complaint." (Compl.

if 111.C.)

It does not appear from that

cryptic statement that plaintiff has a timely, plausible basis for a nonfrivolous claim against the
defendant. Having reviewed plaintiffs complaint in this action and his filings in other actions
filed in this district, the Court concludes that amendment would be futile. See Grayson v.
Mayview State Hosp., 293 F.3d 103, 112-13 (3d Cir. 2002). An appropriate order follows, which

shall be docketed separately.

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