Opinion

Franklin v. L.C. Drake Hospital

Court
District Court, S.D. Ohio
Filed
Nov 6, 2024
Cited by
0 cases
Authority
More cited than 32.8%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

QUEEN CHARLOTTE L. FRANKLIN, Case No. 1:24-cv-611

Plaintiff,

Hopkins, J.

vs. Litkovitz, M.J.

UC DRAKE HOSPITAL, et al., REPORT AND

Defendants. RECOMMENDATION

Plaintiff, a resident of Cincinnati, Ohio, has filed a pro se civil complaint against

several hospitals and a nursing care facility located in 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-

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

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

Ms. Franklin’s complaint is difficult to decipher. As such, the Court quotes Ms.

Franklin’s factual allegations verbatim. The complaint alleges:

In 1975 there was an accident on Hollywood Ave., Cincinnati, OH 45224 which

involved my grandparents. My grandmother was a patient at Providence Hospital,

where she was operated on her brain where there was nothing wrong with her to

have a brain operation. I, Charlotte L Franklin, was their guardian through probate

9–1974. Nor her husband or my consent. Then I had her transported to Christian

Care Nursing Home, 625 Probasco Rd. Cincinnati, OH 45220. Someone had her

transported to Drake hospital, 151 W. Galbreath Rd., Cincinnati, OH 45216 without

our permission. After finding her where both being [illegible] by attorney Floyd

Black – go find her. I did find her at Drake. My grandfather and I went to

information desk, was told she there. He and I attempted to go visit her when a

white woman met us in the hallway and ask, “who we were“ after telling “she said

we were not allowed to visit.” Leave the hospital because our family said we were

crazy. We left. The next morning a China man doctor called saying she passed

away with cancer. I was told she was given poison candy August 27, 75. After

that, my aunt had my grandfather’s leg removed, where the hospital knew I was

guardian of him as well – 1977. My daughter was a patient at Good Samaritan

Hospital. They removed her leg and left a cater in her and released her.

(Doc. 1-1 at PAGEID 7). Ms. Franklin does not state the type of relief she is requesting.

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C. Resolution

Ms. Franklin’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 Ms. Franklin 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).

Ms. Franklin has not alleged the requisite amount in controversy to establish diversity

jurisdiction. In addition, the complaint alleges that Ms. Franklin and all of the defendants are

Ohio citizens. (Doc. 1-1 at PAGEID 4-5). Therefore, there is no complete diversity of

citizenship in this matter. This Court lacks subject matter jurisdiction on the basis of diversity

of citizenship over any state law claims Ms. Franklin may be alleging.

To the extent Ms. Franklin 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, Ms. Franklin 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, Ms. Franklin’s pro se complaint is rambling, difficult to decipher, and

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virtually incomprehensible. Ms. Franklin’s complaint provides no factual content or context

from which the Court may reasonably infer that the named defendants violated Ms. Franklin’s

rights. Jgbal, 556 U.S. at 678. Ms. Franklin’s allegations do not “give the defendant[s] fair

notice of what the .. . claim is and the grounds upon which it rests.” Erickson, 551 U.S. at 93

(citations omitted).

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 Ms. Franklin leave to appeal in forma pauperis. Ms. Franklin

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: 11/6/2024 Haun K Kethovy

Karen L. Litkovitz

United States Magistrate Judge

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

QUEEN CHARLOTTE L. FRANKLIN, Case No. 1:24-cv-611

Plaintiff,

Hopkins, J.

vs. Litkovitz, M.J.

UC DRAKE HOSPITAL, et al.,

Defendants.

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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