Opinion

Miller v. Hudson

Court
District Court, S.D. Ohio
Filed
Aug 5, 2024
Cited by
0 cases
Authority
More cited than 31.8%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

JOHN HOLSEN MILLER, Case No. 1:24-cv-401

Plaintiff,

Barrett, J.

vs. Litkovitz, M.J.

GEORGE HUDSON, REPORT AND

Defendant. RECOMMENDATION

Plaintiff, a resident of Covington, Kentucky, has filed a pro se civil complaint against

George Hudson, a resident of Cincinnati, Ohio. (Doc. 1-1). By separate Order, plaintiff has

been granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

This matter is now before the Court for a sua sponte review of the complaint to determine

whether the complaint or any portion of it should be dismissed because it is frivolous, malicious,

fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant

who is immune from such relief. See 28 U.S.C. § 1915(e)(2)(B).

Screening of Complaint

A. Legal Standard

In enacting the original in forma pauperis statute, Congress recognized that a “litigant

whose filing fees and court costs are assumed by the public, unlike a paying litigant, lacks an

economic incentive to refrain from filing frivolous, malicious, or repetitive lawsuits.” Denton

v. Hernandez, 504 U.S. 25, 31 (1992) (quoting Neitzke v. Williams, 490 U.S. 319, 324 (1989)).

To prevent such abusive litigation, Congress has authorized federal courts to dismiss an in

forma pauperis complaint if they are satisfied that the action is frivolous or malicious. Id.; see

also 28 U.S.C. § 1915(e)(2)(B)(i). A complaint may be dismissed as frivolous when the

plaintiff cannot make any claim with a rational or arguable basis in fact or law. Neitzke, 490

U.S. at 328-29; see also Lawler v. Marshall, 898 F.2d 1196, 1198 (6th Cir. 1990). An action

has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a

violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. An action

has no arguable factual basis when the allegations are delusional or rise to the level of the

irrational or “wholly incredible.” Denton, 504 U.S. at 32; Lawler, 898 F.2d at 1199. The

Court need not accept as true factual allegations that are “fantastic or delusional” in reviewing

a complaint for frivolousness. Hill v. Lappin, 630 F.3d 468, 471 (6th Cir. 2010) (quoting

Neitzke, 490 U.S. at 328).

Congress also has authorized the sua sponte dismissal of complaints that fail to state a

claim upon which relief may be granted. 28 U.S.C. § 1915 (e)(2)(B)(ii). A complaint filed

by a pro se plaintiff must be “liberally construed” and “held to less stringent standards than

formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per

curiam) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). By the same token, however,

the complaint “must contain sufficient factual matter, accepted as true, to ‘state a claim to relief

that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell

Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)); see also Hill, 630 F.3d at 470-71

(“dismissal standard articulated in Iqbal and Twombly governs dismissals for failure to state a

claim” under §§ 1915A(b)(1) and 1915(e)(2)(B)(ii)).

“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.”

Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 556). The Court must accept all well-

pleaded factual allegations as true, but need not “accept as true a legal conclusion couched as a

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factual allegation.” Twombly, 550 U.S. at 555 (quoting Papasan v. Allain, 478 U.S. 265, 286

(1986)). Although a complaint need not contain “detailed factual allegations,” it must provide

“more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Iqbal, 556 U.S.

at 678 (citing Twombly, 550 U.S. at 555). A pleading that offers “labels and conclusions” or

“a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at

555. Nor does a complaint suffice if it tenders “naked assertion[s]” devoid of “further factual

enhancement.” Id. at 557. The complaint must “give the defendant fair notice of what the . .

. claim is and the grounds upon which it rests.” Erickson, 551 U.S. at 93 (citations omitted).

B. Plaintiff’s Complaint

Plaintiff’s complaint is difficult to decipher. As such, the Court quotes plaintiff’s factual

allegations verbatim. The complaint alleges:

I John Miller start work at this wearhouse (sic) in tri-county- Cincinnati, Ohio.

Name of company Microage Distribution Center. With my rights. At that time I

had all my rights. And when I was fired I had no rights left. George Hudson told

investigator Erin Gordon from Ohio Civil Right Commission that he didn’t know

me. That was a lie. After I was fired, no one allowed to follow me. George

Hudson pin extra accusation on me child molester & I had bottle thrown at me.

While living at Cambridge Apartment in tri-county I bought a cool spaniel dog for

my kids he was dead. I move from Cincinnati Ohio to leave this crime behind.

So many lies was going around. I got my hands broke. They close the case.

(Doc. 1-1 at PAGEID 6). In the request for relief portion of his complaint plaintiff states:

All my rights been taken away & I have no opportunity left. I had apartment on

Greenup St. in Covington, Ky. I had 4 fights. I didn’t want be there anymore. 2

guys about one month ago wanted to fight me. 3 others guy wanted to do the same

thing. I was banded for one week to get food. I have to walk to Cincinnati now

for food. The police in Covington Ky. told me I should relocate. Taken all my

rights away is slander opportunity.

(Id. at PAGEID 7).

C. Resolution

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Plaintiff’s allegations are insufficient to state a claim with an arguable basis in law over

which this federal Court has subject matter jurisdiction.

To the extent plaintiff seeks to invoke the diversity jurisdiction of the Court under 28

U.S.C. § 1332(a), the complaint reveals such jurisdiction is lacking. A district court has

jurisdiction over a suit between citizens of different states when the amount in controversy

“exceeds the sum or value of $75,000, exclusive of interest and costs.” 28 U.S.C. § 1332(a).

Plaintiff has not alleged the requisite amount in controversy to establish diversity jurisdiction.

This Court lacks subject matter jurisdiction on the basis of diversity of citizenship over any state

law claims plaintiff may be alleging.

To the extent plaintiff invokes the Court’s federal question jurisdiction, the complaint

fails to state a claim for relief. District courts have original federal question jurisdiction over

cases “arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331.

In order to invoke the Court’s federal question jurisdiction pursuant to 28 U.S.C. § 1331,

plaintiff must allege facts showing the cause of action involves an issue of federal law. See

Metro. Life Ins. Co. v. Taylor, 481 U.S. 58, 63 (1987). The undersigned is unable to discern

from the facts alleged in the complaint any federal statutory or constitutional provision that

applies to give rise to an actionable claim for relief.

In any event, plaintiff’s pro se complaint is rambling, difficult to decipher, and virtually

incomprehensible. Plaintiff’s complaint provides no factual content or context from which the

Court may reasonably infer that the named defendant violated plaintiff’s rights. Iqbal, 556

U.S. at 678. Plaintiff’s allegations do not “give the defendant fair notice of what the . . . claim

is and the grounds upon which it rests.” Erickson, 551 U.S. at 93 (citations omitted).

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Accordingly, the complaint fails to state a claim upon which relief may be granted and should be

dismissed under 28 U.S.C. § 1915(e)(2)(B).

IT IS THEREFORE RECOMMENDED THAT:

1. The complaint be DISMISSED with prejudice pursuant to 28 U.S.C.

§ 1915(e)(2)(B).

2. The Court certify pursuant to 28 U.S.C. § 1915(a) that for the foregoing reasons an

appeal of any Order adopting this Report and Recommendation would not be taken in good

faith and therefore deny plaintiff leave to appeal in forma pauperis. Plaintiff remains free to

apply to proceed in forma pauperis in the Court of Appeals. See Callihan v. Schneider, 178

F.3d 800, 803 (6th Cir. 1999), overruling in part Floyd v. United States Postal Serv., 105 F.3d

274, 277 (6th Cir. 1997).

Date: 8/5/2024 Keun XK Xethov

Karen L. Litkovitz

United States Magistrate Judge

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

JOHN HOLSEN MILLER, Case No. 1:24-cv-401

Plaintiff,

Barrett, J.

vs. Litkovitz, M.J.

GEORGE HUDSON,

Defendant.

NOTICE

Pursuant to Fed. R. Civ. P. 72(b), WITHIN 14 DAYS after being served with a copy of

the recommended disposition, a party may serve and file specific written objections to the

proposed findings and recommendations. This period may be extended further by the Court on

timely motion for an extension. Such objections shall specify the portions of the Report

objected to and shall be accompanied by a memorandum of law in support of the objections. If

the Report and Recommendation is based in whole or in part upon matters occurring on the

record at an oral hearing, the objecting party shall promptly arrange for the transcription of the

record, or such portions of it as all parties may agree upon, or the Magistrate Judge deems

sufficient, unless the assigned District Judge otherwise directs. A party may respond to another

party’s objections WITHIN 14 DAYS after being served with a copy thereof. Failure to make

objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn,

474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

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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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