Opinion

Stradford v. U.S. Bank

Court
District Court, N.D. Ohio
Filed
Jul 10, 2023
Cited by
0 cases
Authority
More cited than 28.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

LESHAWN STRADFORD, CASE NO. 1:23 CV 592

Plaintiff,

v. JUDGE CHARLES E. FLEMING

U.S. BANK,

MEMORANDUM OPINION

Defendant. AND ORDER

INTRODUCTION

Pro se Plaintiff LeShawn Stradford (“Plaintiff”) filed this action against Defendant U.S. Bank

(“Defendant”). (See ECF No.1, Compl.). The Complaint consists of two brief statements: “U.S.

Bank is illegally taking funds from my checking acct and the amount that [it is] taking is $7.00 a

month. For the past 2 years” and “I’ve been corrupt for something else from the federal industry.”

(Id.). The Complaint contains no request for relief.

STANDARD OF REVIEW

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

application.

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, however, 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, 328, 109 S. Ct. 1827, 104 L. Ed. 2d

338 (1989); Lawler v. Marshall, 898 F.2d 1196 (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.

The dismissal standard for Fed. R. Civ. P. 12(b)(6) articulated in Bell Atl. Corp. v. Twombly,

550 U.S. 544, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007) and Ashcroft v. Iqbal, 556 U.S. 662, 129 S.

Ct. 1937, 173 L. Ed. 2d 868 (2009) governs dismissal for failure to state a claim under §

1915(e)(2)(B). Hill v. Lappin, 630 F.3d 468, 470-71 (6th Cir. 2010). To state a plausible claim, a

pleading must contain a short and plain statement of the claim showing that the pleader is entitled to

relief. Iqbal, 556 U.S. at 677-78; Fed. R. Civ. P. 8(a)(2). The plaintiff is not required to include

detailed factual allegations, but he or she must provide more than an unadorned, the defendant-

unlawfully-harmed-me accusation. Iqbal, 556 U.S. at 678.

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) (citing Sistrunk,

99 F.3d at 197).

DISCUSSION

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. National 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 Edn., 76 F.3d

716, 724 (6th Cir.1996) (citation omitted).

2

Here, Plaintiff's Complaint fails to meet even the most liberal reading of the Twombly and

Iqbal standard as his pleading fails to identify a viable legal basis within the jurisdiction of this Court

or a proper request for relief. Plaintiff merely asserts “430” as the basis for the Court’s jurisdiction.

(ECF No. 1, Compl. at PageID #4). At best, this is an incomplete citation to a law Plaintiff alleges

forms the basis of his claim against Defendant. Plaintiff's failure to identify a particular legal theory

in his Complaint places an unfair burden on Defendant to speculate about potential claims that

Plaintiff may be raising and any defenses it might assert in response. See Wells v. Brown, 891 F.2d

591, 594 (6th Cir.1989), abrogated on other grounds, Moore v. City of Harriman, 272 F.3d 769, 772

(6th Cir. 2001) (en banc); Clements v. Brimfield Twp., No. 1:12 CV 1180, 2012 U.S. Dist. LEXIS

162598, at *16 (N.D. Ohio Nov. 14, 2012). Plaintiff's Complaint fails to meet the minimum pleading

requirements of Federal Civil Procedure Rule 8. Accordingly, Plaintiff's Complaint fails to state a

claim upon which relief may be granted.

CONCLUSION

Plaintiff's application to proceed in forma pauperis (ECF No. 2) is GRANTED.

For the foregoing reasons, this action is DISMISSED pursuant to 28 U.S.C. §1915(e).

Further, 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.

Date: July 10, 2023 “adi Af

fining

CHARLES E. FLEMING

UNITED STATES DISTRICT JUDGE

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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