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Jackson v. Thompson

June 20, 2006

KENNETH E. JACKSON, PLAINTIFF,
v.
JUDY THOMPSON, AND CARNABY ASSOCIATION, LLC DEFENDANTS.



The opinion of the court was delivered by: Judge Algenon Marbley

Magistrate Judge Kemp

ORDER AND OPINION

I. INTRODUCTION

This matter comes before the Court on the Motion to Dismiss by Defendants, Judy Thompson ("Thompson") and Carnaby Association, LLC ("Carnaby"). Defendants move to dismiss pro se Plaintiff's complaint pursuant to Federal Rule of 12(b)(6) for failure to state a claim upon which relief can be granted. For the reasons set forth herein, the Court GRANTS Defendants' Motion to Dismiss.

II. STATEMENT OF FACTS

On September 6, 2005, Plaintiff, Kenneth Jackson ("Plaintiff" or "Jackson") filed a complaint in federal court (the "Complaint"). Plaintiff's hand-written Complaint states the following:

Refusal to rent apartment 5913 McNaughten to me based on false information and the fact before Judy Thompson obtained false information she never offered to show apartment to me, she asked what rent did I want to pay, $685.00 or $675.00 monthly. Her decision was made not to rent to me before she ever ran credit history or criminal background check.

I applied to Carnaby Village in good faith based on the fact I thought it was optimal living situation, with access to interstate 270. Availability of shopping centers and eating establishments in walking distances. The fact it's located in a lower crime area.

If I had a major criminal record I wouldn't have applied, knowing that a criminal background check would be ran.

Base on Judy Thompson and Carnaby Ass., LLC d/b/a Carnaby Village, refusal to rent to me based on false information and not attempting to clarify their mistake with information that I provided to Carnaby Village. The irreparable damages and harm and the fact my life is still in jeopardy, I feel that $7,477,000.00 would be reasonable and fair remedy that I am seeking for discrimination and punitive damages.

See Complaint. Plaintiff also attached various documents to his Complaint, which he does not reference in the body of the Complaint. See Pl.'s Ex. 1. The documents arise from an earlier housing discrimination charge that Plaintiff filed with the Ohio Civil Rights Commission ("OCRC")*fn1 , which the OCRC eventually dismissed.*fn2

When Plaintiff filed his initial Complaint, he also filed a motion to appoint counsel. In considering Plaintiff's request, the magistrate judge found that Plaintiff had failed to show that he had exhausted his ability to hire private counsel. Thus, the magistrate judge ordered that Plaintiff: (1) contact the Columbus Bar Association Lawyer Referral Service within ten days of the order; (2) meet with one or more referred attorneys within thirty days of the order; and (3) advise the court in writing as to whether counsel has been retained within forty-five days of the order. [Doc. No. 3]. As of June 5, 2006, Plaintiff has still filed no written record pertaining to the magistrate judge's order and has still not retained counsel.

On November 23, 2005, Defendants filed a motion to dismiss Plaintiff's claim. The matter has been fully briefed ...


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