Opinion
C. A. 3:24-3203-JDA-PJG
06-17-2024
Thomas C. Jacobi Allen, Plaintiff, v. United States of America, Defendant.
REPORT AND RECOMMENDATION
PAIGE J. GOSSETT, UNITED STATES MAGISTRATE JUDGE
Plaintiff Thomas C. Jacobi Allen, proceeding pro se, brings this civil action. This matter is before the court pursuant to 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.) for initial review pursuant to 28 U.S.C. § 1915. Having reviewed the Complaint in accordance with applicable law, the court concludes this action should be summarily dismissed without prejudice and without issuance and service of process.
I. Factual and Procedural Background
Plaintiff brings this action on a self-styled complaint, which is a one-and-a-half page, handwritten narrative comprised of Plaintiff's thoughts about “energies” and how they connect the universe and humans. Plaintiff alleges that the United States has harnessed these energies to Plaintiff's detriment. Plaintiff seeks compensation under the Environmental Justice for All Act for the physical, mental, and emotional harm caused by the energies.
II. Discussion
A. Standard of Review
Under established local procedure in this judicial district, a careful review has been made of the pro se Complaint. The Complaint has been filed pursuant to 28 U.S.C. § 1915, which permits an indigent litigant to commence an action in federal court without prepaying the administrative costs of proceeding with the lawsuit. This statute allows a district court to dismiss the case upon a finding that the action “is frivolous or malicious,” “fails to state a claim on which relief may be granted,” or “seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B).
To state a claim upon which relief can be granted, the plaintiff must do more than make mere conclusory statements. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). Rather, the complaint must contain sufficient factual matter, accepted as true, to state a claim that is plausible on its face. Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at 570. The reviewing court need only accept as true the complaint's factual allegations, not its legal conclusions. Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at 555.
This court is required to liberally construe pro se complaints, which are held to a less stringent standard than those drafted by attorneys. Erickson v. Pardus, 551 U.S. 89, 94 (2007); King v. Rubenstein, 825 F.3d 206, 214 (4th Cir. 2016). Nonetheless, the requirement of liberal construction does not mean that the court can ignore a clear failure in the pleading to allege facts which set forth a claim cognizable in a federal district court. See Weller v. Dep't of Soc. Servs., 901 F.2d 387 (4th Cir. 1990); see also Ashcroft v. Iqbal, 556 U.S. 662, 684 (2009) (outlining pleading requirements under Rule 8 of the Federal Rules of Civil Procedure for “all civil actions”).
B. Analysis
The court recommends that this case be summarily dismissed as frivolous. See Denton v. Hernandez, 504 U.S. 25, 31 (1992) (providing that a claim is frivolous if “it lacks an arguable basis either in law or in fact”) (quoting Neitzke v. Williams, 490 U.S. 319, 325 (1989)). Plaintiff's allegations do not plausibly show that he was injured by the defendant. Plaintiff's allegations are vague and conclusory and do not show that he has a legal claim against the United States from which he can seek damages. See Fed.R.Civ.P. 8 (requiring that a pleading contain “a short and plain statement of the claim showing that the pleader is entitled to relief”); Iqbal, 556 U.S. at 678 (stating Federal Rule of Civil Procedure 8 does not require detailed factual allegations, but it requires more than a plain accusation that the defendant unlawfully harmed the plaintiff, devoid of factual support). Importantly, it appears that the “Environmental Justice for All Act” is a bill that has been introduced in Congress but has not passed; therefore, is it not a law under which Plaintiff can seek compensation. See Donald McEachin Environmental Justice for All Act, S.919, 118th Cong. (2023). Therefore, this case should be dismissed.
III. Conclusion
Accordingly, the court recommends that this case be summarily dismissed without prejudice and without issuance and service of process.