Opinion

Williams v. Common Pleas Court

Court
District Court, N.D. Ohio
Filed
Nov 8, 2021
Cited by
0 cases
Authority
More cited than 28.0%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

INCUMBENCY SECUNDA ) Case No. 1:21 cv 1265

WILLIAMS, )

) Judge J. Philip Calabrese

Plaintiff, )

) Magistrate Judge

v. ) William H. Baughman, Jr.

)

COMMON PLEAS COURT,et al. )

)

Defendants. )

)

OPINION AND ORDER

Pro se Plaintiff Incumbency Secunda Williams filed this action against the

Common Pleas Court and Judge Stuart Friedman. The complaint is

incomprehensible. In its entirety, it states:

I Secunda A. Williams-Starr, the fiduciary/certificate of incumbency

daughter of the late Annie Lee Williams 7-12-2015 murdered in more

than one way. Judge Stuart Friedman is responsible for Wynita Brown

and all the other fugitives running around/behind I every day their

friends with my husband Dwayne Conley. He lives with I. Conspiracy

to murder the fiduciary Secunda A. Williams Rule 7 word street all or

any are in all or any properties.

She does not include any legal claims or a request for relief. Plaintiff also filed an

application to proceed in forma pauperis. (ECF No. 2.) The Court grants that

application.

STANDARD OF REVIEW

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), the

Court is required to dismiss an in forma pauperis action under 28 U.S.C. §1915(e) if

it fails to state a claim upon which relief can be granted or if it lacks an arguable

basis in law or fact. Neitzke v. Williams, 490 U.S. 319, 324 (1989); Lawler v. Marshall,

898 F.2d 1196, 1198 (6th Cir. 1990); Sistrunk v. City of Strongsville, 99 F.3d 194, 197

(6th Cir. 1996). A claim lacks an arguable basis in law or fact when it is premised on

an indisputably meritless legal theory or when the factual contentions are clearly

baseless. Neitzke, 490 U.S. at 327.

A cause of action fails to state a claim upon which relief may be granted where

it lacks “plausibility in th[e] complaint.” Bell Atl. Corp. v. Twombly, 550 U.S. 544,

564 (2007). A pleading must contain a “short and plain statement of the claim

showing that the pleader is entitled to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 677-78

(2009). The factual allegations in the pleading must be sufficient to raise the right to

relief above the speculative level. Twombly, 550 U.S. at 555. The plaintiff is not

required to include detailed factual allegations, but must provide more than “an

unadorned, the-Defendant-unlawfully-harmed-me accusation.” Iqbal, 556 U.S. at

678. A pleading that offers legal conclusions or a simple recitation of the elements of

a cause of action will not meet this pleading standard. Id. In reviewing a complaint,

the Court must construe the pleading in the light most favorable to the plaintiff.

Bibbo v. Dean Witter Reynolds, Inc., 151 F.3d 559, 561 (6th Cir. 1998).

ANALYSIS

To meet federal notice pleading requirements, Plaintiff’s complaint must give

Defendants fair notice of the Plaintiff’s legal claims and the factual grounds on which

they rest. Bassett v. National Collegiate Athletic Ass’n, 528 F.3d 426, 437 (6th Cir.

2008). Plaintiff's complaint does not contain coherent factual allegations, legal

claims, or a request for relief. Therefore, it does not meet basic pleading requirements

and fails to state a claim on which relief may be granted.

CONCLUSION

For the foregoing reasons, the Court GRANTS Plaintiff's application to

proceed in forma pauperis (ECF No. 2) and DISMISSES this action under

28 U.S.C. § 1915(e). Pursuant to 28 U.S.C. § 1915(a)(3), the Court certifies that an

appeal from this decision could not be taken in good faith.

SO ORDERED.

Dated: November 8, 2021

J.Philip Calabrese

United States District Judge

Northern District of Ohio

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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