McCann, Derrick v. Bayley, Pacal

Filing 4

ORDER dismissing 1 complaint pursuant to Fed. R. Civ. P. 8. Amended Complaint due 6/23/2016. Signed by District Judge James D. Peterson on 6/2/2016. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

DERRICK MCCANN,
Plaintiff,
v.

OPINION & ORDER
15-cv-243-jdp

PACAL BAYLEY,
Defendant.

Plaintiff Derrick McCann, a Madison resident, has filed this proposed civil action in
which he states that defendant Pacal Bayley discriminated against him based on his race with
regard to his music career. The court has already concluded that plaintiff may proceed in
forma pauperis in this case without prepayment of any portion of the $350 filing fee.
The next step is for the court to screen plaintiff’s complaint and dismiss any portion
that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or
asks for monetary damages from a defendant who by law cannot be sued for money damages.
28 U.S.C. § 1915. In screening any pro se litigant’s complaint, I must read the allegations of
the complaint generously, Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam), and
accept plaintiff’s allegations as true, Bonte v. U.S. Bank, N.A., 624 F.3d 461, 463 (7th Cir.
2010).
After reviewing plaintiff’s complaint with these principles in mind, I conclude that it
must be dismissed for failure to satisfy the pleading standards of Federal Rule of Civil
Procedure 8. I will give plaintiff an opportunity to correct this problem.

ALLEGATIONS OF FACT
I draw the following facts from plaintiff’s complaint. Plaintiff Derrick McCann, an
African American resident of Madison, is a hip-hop artist who performs under the name “Lil
Rail.” In 2009, plaintiff started a business relationship with music producer Pacal Bayley,
who goes by the name “DJ Pain 1.”
Plaintiff and defendant collaborated on several songs, but at some point, defendant
stopped supporting plaintiff’s career. Plaintiff says that defendant “has used his power to
make sure [plaintiff’s] original vocals and beat don’t get released,” and that defendant “put
all energy into helping other artist[s] around the world but not his own in the community.”
Plaintiff has attempted to contact defendant but he has not heard back from him.

ANALYSIS
Federal Rule of Civil Procedure 8(a)(2) requires a complaint to include “a short and
plain statement of the claim showing that the pleader is entitled to relief.” A complaint “must
be presented with intelligibility sufficient for a court or opposing party to understand
whether a valid claim is alleged and if so what it is.” Vicom, Inc. v. Harbridge Merchant Servs.,
Inc., 20 F.3d 771, 775 (7th Cir. 1994). As with plaintiff’s other pending lawsuits in this
court, McCann v. Family Court Counseling Service, 15-cv-093-jdp (W.D. Wis.), and McCann v.
Doyle, 15-cv-104-jdp (W.D. Wis.), plaintiff’s allegations in this case fail to comply with these
rules.
Although plaintiff is saying that defendant discriminated against him based on his
race and that their business relationship has soured, he does not explain enough about
defendant’s actions or the nature of their business relationship to be able to tell whether

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anything defendant has done violated plaintiff’s rights under either federal or state law. For
instance, plaintiff alleges that defendant “used his power to make sure [plaintiff’s songs]
don’t get released,” but he does not explain what he means by this. He does not explain
whether defendant had a contractual obligation to support him in any way, and he does not
explain why he thinks his race has anything to do with defendant’s actions.
I will dismiss plaintiff’s complaint for violating Rule 8, and give him a chance to file
an amended complaint setting out his claims against defendant in short and plain statements.
Plaintiff should draft his amended complaint as if he were telling a story to people who know
nothing about him, defendant, or the events that are the subject of his case. In particular,
plaintiff should explain the nature of his business relationship with defendant, what actions
defendant took that plaintiff believes harmed him, and why he believes these actions
constituted racial discrimination or otherwise are unlawful. If plaintiff does not submit an
amended complaint by the deadline set forth below, I will dismiss the case for plaintiff’s
failure to state a claim upon which relief may be granted.
Because there is the possibility that, even after plaintiff amends his complaint, this
case will involve only state law claims, I will also ask plaintiff to show whether this court may
exercise diversity jurisdiction over his claims. This federal court cannot decide a case
involving only state law claims unless the complaint alleges complete diversity of citizenship
among the parties and an amount in controversy exceeding $75,000. 28 U.S.C. § 1332.
Based on his current allegations, it seems likely that both plaintiff and defendant are citizens
of Wisconsin. If this is not the case, plaintiff should amend his complaint to explain both his
and defendant’s citizenship. He should also explain much money he seeks as damages in this
case.

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ORDER
IT IS ORDERED that:
1. Plaintiff Derrick McCann’s complaint is DISMISSED for failure to comply
with Federal Rule of Civil Procedure 8.
2. Plaintiff may have until June 23, 2016, to submit a proposed amended
complaint more clearly detailing his claims as discussed above. If plaintiff
submits a proposed amended complaint as required by this order, I will take
that complaint under advisement for screening. If plaintiff fails to respond to
this order by the deadline, I will dismiss this case for plaintiff’s failure to state
a claim upon which relief may be granted.
Entered June 2, 2016.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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