Opinion
1:11-cv-597.
November 10, 2011
MEMORANDUM
THE BACKGROUND OF THIS MEMORANDUM IS AS FOLLOWS:
This matter is before the Court on the Report and Recommendation ("R R") of Magistrate Judge J. Andrew Smyser (Doc. 14), filed on October 18, 2011, which recommends that complaint be dismissed and that this case be closed. No objections to the R R have been filed by any party. For the reasons set forth below, the Court will adopt the R R.
Objections to the R R were due by November 4, 2011.
I. STANDARD OF REVIEW
When, as here, no objections are made to a magistrate judge's report and recommendation, the district court is not statutorily required to review the report before accepting it. Thomas v. Arn, 474 U.S. 140, 149 (1985). According to the Third Circuit, however, "the better practice is to afford some level of review to dispositive legal issues raised by the report." Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987). "[T]he court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Fed.R.Civ.P. 72(b), advisory committee notes; see also Henderson, 812 F.2d at 878-79 (stating "the failure of a party to object to a magistrate's legal conclusions may result in the loss of the right to de novo review in the district court"); Tice v. Wilson, 425 F. Supp. 2d 676, 680 (W.D. Pa. 2006); Cruz v. Chater, 990 F. Supp. 375-78 (M.D. Pa. 1998); Oldrati v. Apfel, 33 F. Supp. 2d 397, 399 (E.D. Pa. 1998). The Court's examination of this case amply confirms the Magistrate Judge's determinations.
II. DISCUSSION
This pro se action was filed by Plaintiff Jody K. Butts ("Plaintiff"), along with an application to proceed in forma pauperis. Magistrate Judge Smyser granted Plaintiff's application to proceed in forma pauperis and reviewed the complaint in accordance with 28 U.S.C. § 1915(e)(2). Magistrate Judge Smyser determined that the Plaintiff had failed to state any cognizable claim and issued a previous R R recommending that her complaint must be dismissed without leave to amend. Thereafter, Plaintiff filed a submission with the Court which we construed as objections to the R R as well as an attempt to clarify her claims, which were essentially discrimination based on disability, age and race. Thus, we rejected the Magistrate Judge's recommendation of dismissal and remanded the matter to Magistrate Judge Smyser to consider granting Plaintiff leave to amend her complaint as well as a motion for appointment of counsel filed by her.
Magistrate Judge Smyser conditionally granted Plaintiff's appointment of counsel motion, dependent on whether the Middle District of Pennsylvania's Pro Bono Chair could obtain counsel for Plaintiff. Unfortunately, counsel was unable to be obtained, and Magistrate Judge Smyser vacated the order conditionally granting the motion for appointment of counsel.
Upon remand, Magistrate Judge Smyser ordered Plaintiff to file an amended complaint that states a claim upon which relief may be granted on or before September 27, 2011. Plaintiff did not file an amended complaint, nor did she request an extension of time. Thus Magistrate Judge Smyser reviewed the original complaint as filed by Plaintiff and concluded that while it alleges discrimination in a conclusory manner, it does not support the allegation of discrimination with facts. He notes that the complaint does not allege how each Defendant discriminated against the Plaintiff and on what basis each Defendant did so. Thus, Magistrate Judge Smyser concludes that the Plaintiff does not allege any facts from which a reasonable inference could be drawn that the Defendants illegally discriminated against the Plaintiff. We agree fully with this analysis.
While we recognize that pro se pleadings are to be liberally construed, and that pro se litigants are held to less stringent standards than formal pleadings drafted by lawyers, complaints, even by pro se litigants "must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqubal, 129 S. Ct. 1937, 1949 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). Plaintiff's inarticulate complaint falls far short of that mark, and as such, must be dismissed.
As we have already mentioned, the Plaintiff has failed to file an amended complaint as directed and has also failed to file objections to this R R. Because we agree with the sound reasoning that led the Magistrate Judge to the conclusions in the R R, we will adopt the R R in its entirety. With a mind towards conserving judicial resources, we will not rehash the reasoning of the Magistrate Judge; rather, we will attach a copy of the R R to this document, as it accurately reflects our consideration and resolution of the case sub judice. An appropriate Order shall issue.
REPORT AND RECOMMENDATION
The complaint in this discrimination case fails to state a claim upon which relied may be granted. The plaintiff was granted leave to file an amended complaint, but she failed to do so. So, we recommend that the complaint be dismissed and that the case file be closed.
I. Background and Procedural History.
The plaintiff, Jody K. Butts, commenced this action by filing a complaint. She also filed an application to proceed in forma pauperis.
The allegations of the complaint are not clear. The entire Statement of Claim Section of the complaint reads:
Discrimination of my Disabilitie and My Age — Work — Performance Keep me out work for a year ½ For Medical Records — Granted twice with with Funding NEVER — Gotten. ExtraDoc. 1 at 2 (errors in original). The Request for Relief Section of the complaint reads:
There the only Place you Can get funding in York PA. For, having Disabilitie. And, Councelor keep being Degrading. Legal Aide Attorney been Working with them Also Carolyn Sexton. ½ AlsoDoc. 1 at 2 (errors in original).
The plaintiff attached numerous documents to her complaint. Those documents deal with the plaintiff's requests for assistance in planning and funding a new business and the denial by the Pennsylvania Department of Labor Industry, Office of Vocational Rehabilitation of those requests.
We granted the plaintiff's application to proceed in forma pauperis. We also reviewed the complaint in accordance with 28 U.S.C. § 1915(e)(2), and we determined that the complaint fails to state a claim upon which relief may be granted. Because the plaintiff had failed to set forth any theory of unlawful discrimination, we concluded that allowing the plaintiff to amend her complaint would be futile. So we recommended that the case be dismissed and the case file closed.
The plaintiff then filed a document requesting the appointment of counsel and indicating that she is claiming discrimination based on disability, age, and race. Judge Jones construed that document as both a motion for the appointment of counsel and as objections to the Report and Recommendation. On the basis of that document, Judge Jones rejected the Report and Recommendation and remanded the case to the undersigned. He noted that we should consider the plaintiff's motion for the appointment of counsel as well as whether to grant the plaintiff leave to file an amended complaint now that she has identified multiple theories of discrimination.
Upon remand, we conditionally granted the plaintiff's motion for the appointment of counsel. We ordered that Mr. Greecher, the pro bono chair of the Middle District Chapter of the Federal Bar Association, inform the court whether an attorney will enter his or her appearance on behalf of the plaintiff or, in the alternative, that no panel attorney accepts the appointment. We stated that we will defer deciding whether to order an amended complaint pending the entry of an appearance of counsel.
Mr. Greecher later informed us that a panel attorney will not be entering an appearance on behalf of the plaintiff. Because an attorney could not been found to represent the plaintiff in this case, we vacated the order conditionally granting the plaintiff's motion for the appointment of counsel. We also ordered the plaintiff to file an amended complaint that states a claim upon which relief may be granted. To assist the plaintiff, we set for the pleading standards under Federal Rule of Civil Procedure 8.
The amended complaint was due on or before September 27, 2011. The plaintiff has not filed an amended complaint. Nor has she requested an extension of time to file an amended complaint.
The plaintiff has, however, filed a document entitled "Appeal." See Doc. 12. In this document, the plaintiff again requests the appointment of counsel. It appears that this document is intended to be an appeal of my Order of July 28, 2011. The plaintiff also filed a letter again requesting the appointment of counsel. See Doc. 13. As set forth above, counsel willing to represent the plaintiff in this case could not be found.
II. Pleading Standards.
"Under Federal Rule of Civil Procedure 8(a)(2), a pleading must contain a 'short and plain statement of the claim showing that the pleader is entitled to relief.'" Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009). The statement required by Rule 8(a)(2) need only give the defendant fair notice of what the plaintiff's claim is and of the grounds upon which it rests. Erickson v. Pardus, 551 U.S. 89, 93 (2007). Detailed factual allegations are not required. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). But more is required than labels, conclusions and a formulaic recitation of the elements of a cause of action. Id. "In other words, a complaint must do more than allege the plaintiff's entitlement to relief." Fowler v. UPMC Shadyside, 578 F.3d 203, 211 (3d Cir. 2009). "A complaint has to "show" such an entitlement with its facts." Id. "While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations." Ashcroft, supra, 129 S.Ct. at 1950. "When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief." Id.
"[A] complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft, supra, 129 S.Ct. at 1949 (quoting Twombly, supra, 550 U.S. at 570). "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." Id. "The plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id. But "a complaint need not pin plaintiff's claim for relief to a precise legal theory." Skinner v. Switzer, 131 S.Ct. 1289, 1296 (2011). Rule 8(a)(2) "requires only a plausible 'short and plain' statement of the plaintiff's claim, not an exposition of his legal argument." Id. The factual detail necessary to satisfy the standard will vary depending on the case. In re Insurance Brokerage Antitrust Litigation, 618 F.3d 300, 320 n. 18 (3d Cir. 2010).
A complaint filed by a pro se litigant is to be liberally construed and "'however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.'" Erickson, supra, 551 U.S. at 94 (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)).
III. Discussion.
The court must dismiss a complaint filed by a plaintiff in forma pauperis if the complaint fails to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(ii).
Mindful the we must construe the complaint liberally, we nevertheless conclude that the complaint fails to state a claim upon which relief may be granted. The complaint alleges discrimination in a conclusory manner, but it does not support the allegation of discrimination with facts. The complaint does not allege how each defendant discriminated against the plaintiff and on what basis each defendant did so. It does not allege any facts from which a reasonable inference could be drawn that the defendants illegally discriminated against the plaintiff. Nor does it provide the defendants with fair notice of what the plaintiff's claims are and of the grounds upon which those claims rest. Thus, the complaint should be dismissed in accordance with 28 U.S.C. § 1915(e)(2)(B)(ii).
IV. Recommendations.
Because the complaint fails to state a claim upon which relief may be granted, we recommend that the court dismiss the complaint and close the case.
NOTICE
Any party may obtain a review of the Report and Recommendation pursuant to Rule 72.3 of the Rules of Court, M.D.Pa., which provides:
Any party may object to a magistrate judge's proposed findings, recommendations or report addressing a motion or matter described in 28 U.S.C. § 636(b)(1)(B) or making a recommendation for the disposition of a prisoner case or a habeas corpus petition within fourteen (14) days after being served with a copy thereof. Such party shall file with the clerk of court, and serve on the magistrate judge and all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections. The briefing requirements set forth in Local Rule 72.2 shall apply. A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions.