The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Jean C. Blanchard,
Plaintiff,
v. Civil Action 2:24-cv-3684
Judge Michael H. Watson
Magistrate Judge Kimberly A. Jolson
Alisah Auto Sale, LLC, et al.,
Defendants.
ORDER AND REPORT AND RECOMMENDATION
Plaintiff, Jean Claude Blanchard, a New York resident who is proceeding pro se, brings
this action against Defendants Ahmed Hamyn of Alisah Auto Sale, LLC, and Roosevelt Kiazen.
This matter is before the Undersigned for consideration of Plaintiff’s Motion to Leave to Proceed
in forma pauperis (Doc. 1) under 28 U.S.C. §1915(e)(2). Plaintiff’s request to proceed in forma
pauperis is GRANTED. All judicial officers who render services in this action shall do so as if
the cost have been prepaid. 28 U.S.C. §1915(a). Having performed an initial screen, the
Undersigned RECOMMENDS that Plaintiff’s Complaint (Doc. 1-1) be DISMISSED.
I. STANDARD
Because Plaintiff is proceeding in forma pauperis, the Court must dismiss the complaint,
or any portion of it, that is frivolous, malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C.
§ 1915(e)(2). “A claim is frivolous if it lacks ‘an arguable basis either in law or in fact.’” Flores
v. U.S. Atty. Gen., No. 2:14- CV-84, 2014 WL 358460, at *2 (S.D. Ohio Jan. 31, 2014) (quoting
Neitzke v. Williams, 490 U.S. 319, 325 (1989)). This occurs when “indisputably meritless” legal
theories underlie the complaint, or when a complaint relies on “fantastic or delusional” allegations.
Flores, 2014 WL 358460, at *2 (citing Neitzke, 490 U.S. at 327–28).
In reviewing a complaint, the Court must construe it in Plaintiff’s favor, accept all well-
pleaded factual allegations as true, and evaluate whether it contains “enough facts to state a claim
to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Yet,
a court is not required to accept factual allegations set forth in a complaint as true when such
factual allegations are “clearly irrational or wholly incredible.” Ruiz v. Hofbauer, 325 F. App’x
427, 429–30 (6th Cir. 2009). “A claim has facial plausibility when the plaintiff pleads factual
content that allows the court to draw the reasonable inference that the defendant is liable for the
misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at
556). Further, “pro se litigants are not relieved of the duty to develop claims with an appropriate
degree of specificity.” Kafele v. Lerner, Sampson, Rothfuss, L.P.A., 161 F. App’x 487, 491 (6th
Cir. 2005). The complaint must include more than “labels and conclusions” and “formulaic
recitation[s] of the elements of a cause of action....” Id. The role of the court is not to “conjure
allegations on a litigant's behalf.” Martin v. Overton, 391 F.3d 710, 714 (6th Cir. 2004) (internal
quotation marks and citations omitted). In sum, although pro se complaints are to be construed
liberally, Haines v. Kerner, 404 U.S. 519, 520 (1972), “basic pleading essentials” are still required.
Wells v. Brown, 891 F. 2d 591, 594 (6th Cir. 1989).
II. DISCUSSION
In his Complaint, Plaintiff names Ahmed Hamyn of Alisah Auto Sale LLC, and Roosevelt
Kiazen of Kiazen Consulting, Inc. as Defendants. (Doc. 1-1 at 1–2). Plaintiff alleges that
Defendants fraudulently misrepresented the condition of a vehicle they sold him. (Id. at 3).
Specifically, Plaintiff purchased a truck from Defendant Hamyn at Alisah Auto Sale LLC on April
22, 2024. (Id. at 2–3). At that time, he spoke with Hamyn about the “price, milage, and condition
of the vehicle.” (Id.). After negotiations, the parties agreed to a price of $14,245. (Id. at 3).
Plaintiff paid the full amount with cash, a debit card, and a bank transfer. (Id.). It is unclear what
role Defendant Kiazen played in the sale of the vehicle beyond Plaintiff’s assertion that he
transferred some of the funds to Kiazen. (Id.). Plaintiff says that since buying the truck, he had to
spend around $8,000 to replace the transmission, which he alleges was defective at the time of
purchase. (Id.). As relief, Plaintiff seeks $9,500, which includes the $8,000 for the replacement
of the transmission. (Id.; Doc. 1-2).
Ultimately, Plaintiff fails to state a claim upon which relief can be granted. Though his
Complaint does not specify a particular claim, on his civil cover sheet, Plaintiff categorized the
nature of this suit as a motor vehicle and motor vehicle product liability tort. (Doc. 1-2). Plaintiff
may be attempting to bring a state law products liability claim, then. See Ohio Rev. Code § 2307.71.
Alternatively, Plaintiff may be seeking to enforce either an express or an implied warranty related
to the vehicle purchase. See In re Porsche Cars N. Am., Inc., 880 F. Supp. 2d 801, 865–86 (S.D.
Ohio 2012). These are all claims based in state law, however, and Plaintiff has not alleged a
sufficient jurisdictional basis.
While true Plaintiff is a citizen of New York and identifies Defendants as citizens of Ohio,
he does not allege an amount in controversy exceeding $75,000 that would allow these claims to
be heard in federal court. 28 U.S.C. §1332(a); see Hunter v. Taylor, No. 2:15-CV-2607, 2015 WL
6506625 (S.D. Ohio Oct. 28, 2015) (adopting a magistrate judge’s decision that the court lacked
subject matter jurisdiction when a plaintiff’s complaint failed to meet the amount in controversy
requirement). Therefore, the Court lacks diversity jurisdiction over this action.
Even construing Plaintiff’s Complaint liberally, he alleges no other basis for federal
jurisdiction. And the Court need not delve into every potential federal law Plaintiff could invoke.
To do so, and to subsequently allow Plaintiff’s claims to proceed, would be to “conjure allegations”
on his behalf. Martin, 391 F.3d at 714. Accordingly, Plaintiff’s Complaint should be dismissed.
III. CONCLUSION
Plaintiff’s request to proceed in forma pauperis (Doc. 1) is GRANTED. Based upon the
foregoing, however, it is RECOMMENDED that Plaintiff’s Complaint (Doc. 1-1) be
DISMISSED.
Procedure on Objections
If any party objects to this Report and Recommendation, that party may, within fourteen
(14) days of the date of this Report, file and serve on all parties written objections to those specific
proposed findings or recommendations to which objection is made, together with supporting
authority for the objection(s). A Judge of this Court shall make a de novo determination of those
portions of the Report or specified proposed findings or recommendations to which objection is
made. Upon proper objections, a Judge of this Court may accept, reject, or modify, in whole or in
part, the findings or recommendations made herein, may receive further evidence, or may
recommit this matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1).
The parties are specifically advised that failure to object to the Report and
Recommendation will result in a waiver of the right to have the District Judge review the Report
and Recommendation de novo and also operates as a waiver of the right to appeal the decision of
the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140
(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
IT IS SO ORDERED.
Date: July 22, 2024 /s/Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE