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Smith v. Patton

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Jun 28, 2017
Civil Action No. 17-1126 (UNA) (D.D.C. Jun. 28, 2017)

Opinion

Civil Action No. 17-1126 (UNA)

06-28-2017

CRAIG SMITH, Plaintiff, v. TROY PATTON, et al., Defendants.


MEMORANDUM OPINION

This matter is before the Court on plaintiff's application to proceed in forma pauperis and his pro se complaint. The Court will grant the application and dismiss the complaint without prejudice.

The Federal Rules of Civil Procedure require that a complaint contain "'a short and plain statement of the claim showing that the pleader is entitled to relief,' in order to 'give the defendant fair notice of what the . . . claim is and the grounds upon which it rests[.]'" Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). Further, a 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 Twombly, 550 U.S. at 570). A claim is facially plausible "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. (quoting Twombly, 550 U.S. at 556). Although a pro se complaint is "held to less stringent standards than formal pleadings drafted by lawyers," Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam) (internal quotation marks and citation omitted), it too, "must plead 'factual matter' that permits the court to infer 'more than the mere possibility of misconduct,'" Atherton v. District of Columbia Office of the Mayor, 567 F.3d 672, 681-82 (D.C. Cir. 2009) (quoting Iqbal, 556 U.S. at 678-79). As drafted, the complaint fails to meet these goals.

In conclusory fashion, plaintiff deems each defendant a "pubic [sic] threat" and "an identity thief." Compl. at 1. Further, plaintiff considers each defendant a threat to the operations of a campaign, id., yet fails to allege facts to support his contention. The complaint alleges no facts from which the Court could infer more than the mere possibility of defendants' misconduct. Accordingly, the Court will dismiss the complaint and this civil action without prejudice. An Order is issued separately. DATE: 28 June 2017

/s/_________

United States District Judge


Summaries of

Smith v. Patton

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Jun 28, 2017
Civil Action No. 17-1126 (UNA) (D.D.C. Jun. 28, 2017)
Case details for

Smith v. Patton

Case Details

Full title:CRAIG SMITH, Plaintiff, v. TROY PATTON, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Date published: Jun 28, 2017

Citations

Civil Action No. 17-1126 (UNA) (D.D.C. Jun. 28, 2017)