Opinion

Griffin v. Grabbowski

Court
District Court, N.D. Ohio
Filed
Jan 5, 2024
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

JEWEL GRIFFIN, CASE NO. 1:23 CV 1672

Plaintiff,

v. JUDGE CHARLES E. FLEMING

MICHELLE GRABBOWSKI,

MEMORANDUM OPINION

Defendant. AND ORDER

INTRODUCTION

Pro se Plaintiff Jewel Griffin (“Plaintiff”) filed this in forma pauperis complaint against

Defendant Michelle Grabbowski (“Defendant”). (Doc. No. 1). The Complaint consists of two brief

statements: “The Defendant is being sued for racketeering [under 18 U.S.C. §§ 1961, 1962]” and

“The Defendant has assisted in human trafficking, organ trafficking.” (Id.). Plaintiff seeks $150,000.

STANDARD OF REVIEW

Plaintiff filed an application to proceed in forma pauperis (Doc. 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.

A cause of action 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). In any civil action, 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). 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. 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. 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. The Court is “not bound

to accept as true a legal conclusion couched as a factual allegation.” Papasan v. Allain, 478 U.S.

265, 286, 106 S. Ct. 2932, 92 L. Ed. 2d 209 (1986).

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

The Court recognizes that pro se pleadings are held to a less stringent standard than formal

pleadings drafted by lawyers. El Bey v. Roop, 530 F.3d 407, 413 (6th Cir. 2008). However, the

“lenient treatment generally accorded to pro se litigants has limits.” Pilgrim v. Littlefield, 92 F.3d

2

413, 416 (6th Cir. 1996). Liberal construction for pro se litigants does not “abrogate basic pleading

requirements.” Wells v. Brown, 891 F.2d 591, 594 (6th Cir. 1989). 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 Ath. Ass’n, 528 F.3d 426, 437 (6th Cir. 2008). Although specific facts are

not required, to meet the basic minimum notice pleading requirements of Rule 8 of the Federal Rules

of Civil Procedure, Plaintiffs complaint must give the defendant fair notice of what the □□□□□□□□□□□

legal claims are and the factual grounds on which they rest. /d.

Here, Plaintiff's Complaint, even liberally construed, fails to meet the most basic pleading

standard under Rule 8. The Complaint is almost completely devoid of facts, and it fails to connect

any alleged occurrence to any specific, cognizable injury. Additionally, Plaintiff fails to identify how

Defendant has harmed her. Plaintiff's pleading is nothing more than a mere “unadorned, the

defendant unlawfully harmed me accusation.” Jgbal, 556 U.S. at 678. Therefore, Plaintiffs

complaint fails to state a claim on which the Court may grant relief.

CONCLUSION

Plaintiff's application to proceed in forma pauperis (Doc. 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: January 5, 2024 ‘ads Hing

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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