Gowdy v. Ohio Job & Family Servs.

Full title: JUANITA L. GOWDY, Plaintiff, v. OHIO JOB AND FAMILY SERVICES, Defendant.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

Date published: Jul 15, 2014

CASE NO. 1:14 CV 1535 (N.D. Ohio Jul. 15, 2014)

Opinion

CASE NO. 1:14 CV 1535

07-15-2014

JUANITA L. GOWDY, Plaintiff, v. OHIO JOB AND FAMILY SERVICES, Defendant.

DAN AARON POLSTER

JUDGE DAN AARON POLSTER

MEMORANDUM OF OPINION

AND ORDER

On July 11, 2014, plaintiff pro se Juanita L. Gowdy filed this in forma pauperis action against Ohio Job and Family Services. For the reasons stated below, this action is dismissed pursuant to 28 U.S.C. § 1915(e).

The statement of claim portion of the complaint states in its entirety as follows:

Have been lie on and name been slander - it hard for me to work. I have been and the Cleveland Municipal court to try to clear my name. I am asking for 900,000,000.00.

Although pro se pleadings are liberally construed, Boag v. MacDougall, 454 U.S. 364, 365 (1982) (per curiam), the district court is required to dismiss an 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.¹ Neitzke v. Williams, 490 U.S. 319 (1989); Hill v. Lappin, 630 F.3d 468, 470 (6^th Cir. 2010).

1 An in forma pauperis claim may be dismissed sua sponte, without prior notice to the plaintiff and without service of process on the defendant, if the court explicitly states that it is invoking section 1915(e) [formerly 28 U.S.C. § 1915(d)] and is dismissing the claim for one of the reasons set forth in the statute. Chase Manhattan Mortg. Corp. v. Smith, 507 F.3d 910, 915 (6

A cause of action fails to state a claim upon which relief may be granted when it lacks "plausibility in the complaint." Bell At. Corp. V. Twombly, 550 U.S. 544, 564 (2007). 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 (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 must provide more than "an unadorned, the-defendant-unlawfully-harmed-me accusation." Iqbal, 556 U.S. at 678 (2009). 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.

Even construing the complaint liberally in a light most favorable to the plaintiff, Brand v. Motley, 526 F.3d 921, 924 (6^th Cir. 2008), it does not contain allegations reasonably suggesting he might have a valid federal claim against the named defendant. See, Lillard v. Shelby County Bd. of Educ, 76 F.3d 716 (6th Cir. 1996)(court not required to accept summary allegations or unwarranted legal conclusions in determining whether complaint states a claim for relief).

Accordingly, the request to proceed in forma pauperis is granted and this action is dismissed under section 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.

__________

DAN AARON POLSTER

UNITED STATES DISTRICT JUDGE

th Cir. 2007); Gibson v. R.G. Smith Co., 915 F.2d 260, 261 (6th Cir. 1990); Harris v. Johnson, 784 F.2d 222, 224 (6th Cir. 1986).