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LEAL v. WHEATLEY

United States District Court, N.D. Ohio, Western Division
Jan 20, 2010
Case No. 3:09 CV 2735 (N.D. Ohio Jan. 20, 2010)

Opinion

Case No. 3:09 CV 2735.

January 20, 2010


MEMORANDUM OPINION AND ORDER


Pro se Plaintiff Luis Leal, Sr. originally filed this action alleging a violation of the Federal Torts Claims Act ("FTCA"), 28 U.S.C. § 2671 et seq., in the United States District Court for the District of Columbia. It was transferred to the Southern District of Ohio and then to this Court because Plaintiff resides in the Northern District of Ohio and because it appeared that the acts complained of occurred in this District. Defendants are Katherine Wheatley ("Wheatley"), Associate General Counsel of the Board of Governors of the Federal Reserve System, and the Board of Governors.

Although pro se pleadings are liberally construed, Martin v. Overton, 391 F.3d 710, 712 (6th Cir. 2004), the district court may sua sponte dismiss an in forma pauperis action under 28 U.S.C. § 1915(e)(2) if it is frivolous or fails to state a claim on which relief may be granted.

Plaintiff's Complaint is both frivolous and fails to state a claim on which relief may be granted. The Complaint alleges that Defendants are in violation of the "Federal Tort Act" in that Defendants have not responded timely to the Complaint as of July 25, 2009 (Doc. No. 1). Plaintiff requests a trial by jury, the end of a conspiracy, the firing of Wheatley, and $10,000.

These allegations are conclusory, with no supporting facts. Further, Plaintiff fails to explain how he has been harmed. The exhibits attached to the Complaint are irrelevant to any possible FTCA claim against Defendants, and they contain a number of wild assertions, such as Plaintiff's purported entitlement to a trillion-dollar credit line from the Federal Reserve. This Court, under a liberal construction, can discern no legitimate legal claim in these pleadings.

CONCLUSION

Accordingly, the request to proceed in forma pauperis is granted and this action is dismissed under 28 U.S.C. § 1915(e). Further, pursuant to 28 U.S.C. § 1915(a)(3), this Court certifies that an appeal from this decision could not be taken in good faith.

IT IS SO ORDERED.


Summaries of

LEAL v. WHEATLEY

United States District Court, N.D. Ohio, Western Division
Jan 20, 2010
Case No. 3:09 CV 2735 (N.D. Ohio Jan. 20, 2010)
Case details for

LEAL v. WHEATLEY

Case Details

Full title:Luis Thomas Jacob Leal, Sr. Plaintiff, v. Katherine H. Wheatley, et al.…

Court:United States District Court, N.D. Ohio, Western Division

Date published: Jan 20, 2010

Citations

Case No. 3:09 CV 2735 (N.D. Ohio Jan. 20, 2010)