The opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
MANETIRONY CLERVRAIN, ) CASE NO. 1:21-cv-1303
)
PLAINTIFF, ) JUDGE SARA LIOI
)
)
vs. ) MEMORANDUM OPINION
) AND ORDER
)
RICHARD MICHAEL DEWINE, et al., )
)
DEFENDANTS. )
Pro se plaintiff Manetirony Clervrain (“Clervrain”) filed this civil rights action against
Richard Michael DeWine, Governor of the State of Ohio; Sherrod Brown, U.S. Senator; Kelly
Tallman Clements, Director of the United Nations; and Patricia Lee Refo, President of the
American Bar Association. (Doc. No. 1 (Complaint).) For the following reasons, this action is
dismissed.
I. Background
On July 6, 2021, Clervrain filed a very brief complaint containing disjointed, illogical
statements, and it referenced a collection of “motions,” including the following: “Motion for
Consideration or Compelling need(s) or Controversies to Litigate by Invoking the Ant(s) Duty
Mitigating Act (“TADMA”)” (Doc. No. 3); “Motion for judicial intervention(s)” and “Motion
for Clarification necessary by invoking the movement(s) on crimes mitigating act (“MOCMA”)
(Doc. No. 4); “Motion for ‘prompt notices’ or ‘their expertise act’ (“TEA”), or opinion(s) by the
national issues regulatory treaties act (“NIRTA”)” (Doc. No. 5); and “Motion for mitigating
financial burden or (“IFP”) constitutional issues by massive issues ‘right aggravated’ treatment
act” (Doc. No. 6). Clervrain also filed a motion to proceed in forma pauperis (Doc. No. 2).
Then on August 4, 2021, Clervrain filed a “Motion for Opposition(s), or Eviction Notices, or
Illegally by Conviction for the Market Issues Manipulating ACT (“MIMA”)” (Doc. No. 7).
Clervrain’s complaint and motions identified in Doc. Nos. 3, 4, 5, 6, and 7, which the
Court will construe as one pleading, are composed entirely of meaningless rhetoric with
seemingly random citations to real and nonexistent statutes, regulations, and case law.
Clervrain’s pleading also fails to include any relevant factual allegations or assert any cognizable
causes of action.
II. Standard of Review
By separate order, the Court has granted Clervrain’s motion to proceed in forma pauperis
(Doc. No. 2). Accordingly, because Clervrain is proceeding in forma pauperis, his complaint is
before the Court for initial screening under 28 U.S.C. § 1915(e)(2).
Although pro se pleadings are liberally construed, Boag v. MacDougall, 454 U.S. 364,
365, 102 S. Ct. 700, 70 L. Ed. 2d 551 (1982) (per curiam); Haines v. Kerner, 404 U.S. 519, 520,
92 S. Ct. 594, 30 L. Ed. 2d 652 (1972), the district 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, 109 S.
Ct. 1827, 104 L. Ed. 2d 338 (1989); Lawler v. Marshall, 898 F.2d 1196, 1198–99 (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
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fails to state a claim upon which relief may be granted when it lacks “plausibility in the
complaint.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 564, 127 S. Ct. 1955, 167 L. Ed. 2d 929
(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, 129 S. Ct. 1937, 173 L.
Ed. 2d 868 (2009) (quoting Fed. R. Civ. P. 8(a)(2)). The factual allegations in the pleading must
be sufficient to raise the right to relief above the speculative level on the assumption that all the
allegations in the complaint are true. Twombly, 550 U.S. at 555. Clervrain is not required to
include detailed factual allegations, but he 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 Clervrain. Bibbo v. Dean Witter Reynolds, Inc., 151 F.3d 559, 561 (6th Cir. 1998).
III. Analysis
Although this Court recognizes that pro se pleadings are to be held to a less stringent
standard than formal pleadings drafted by lawyers, Haines, 404 U.S. at 520–21; Jourdan v. Jabe,
951 F.2d 108, 110 (6th Cir. 1991), the Court is not required to conjure unpleaded facts or
construct claims against defendants on behalf of a pro se plaintiff. See Bassett v. Nat’l Collegiate
Athletic Ass’n, 528 F.3d 426, 437 (6th Cir. 2008). The complaint must give the defendants fair
notice of what the plaintiff’s claim is and the grounds upon which it rests. Lillard v. Shelby Cty.
Bd. of Educ., 76 F.3d 716, 724 (6th Cir. 1996) (citation omitted).
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Here, Clervrain fails to meet even the most liberal reading of the Twombly and Iqbal
standard as his pleading fails to connect any alleged occurrence to any specific injury, and he
fails to identify how any specific defendant harmed him in any way. Indeed, Clervrain fails to
include virtually any factual allegations, he does not assert a discernable claim based on
recognized legal authority, and he fails to state a legal cause of action within the jurisdiction of
this Court or a proper prayer for relief. The complaint does not satisfy the minimum pleading
requirements of Federal Civil Procedure Rule 8 and is therefore dismissed.
IV. Conclusion
Accordingly, this action is dismissed pursuant to 28 U.S.C. §1915(e). Further, because
the Court construed Clervrain’s complaint and “motions” as one pleading, his motions in Doc.
Nos. 3, 4, 5, 6, and 7 are denied.
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.
Dated: November 3, 2021 □□ we
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE