United States District Court, S.D. Ohio, Western Division
REPORT AND RECOMMENDATION
L. Litkovitz, Magistrate Judge.
a resident of Cincinnati, Ohio, brings this pro se action
against Patricia Obarski, Judge Bachman, Cincinnati Public
Schools, "GE Hall of Fame, " and others alleging
violations of her rights. By separate Order, plaintiff has
been granted leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915. This matter is before the
Court for a sua sponte review of plaintiffs complaint to
determine whether the complaint, or any portion of it, should
be dismissed because it is frivolous, malicious, fails to
state a claim upon which relief may be granted or seeks
monetary relief from a defendant who is immune from such
relief. 28 U.S.C. § 1915(e)(2)(B).
enacting the original in forma pauperis statute,
Congress recognized that a "litigant whose filing fees
and court costs are assumed by the public, unlike a paying
litigant, lacks an economic incentive to refrain from filing
frivolous, malicious, or repetitive lawsuits."
Denton v. Hernandez, 504 U.S. 25, 31 (1992) (quoting
Neitzke v. Williams, 490 U.S. 319, 324 (1989)). To
prevent such abusive litigation, Congress has authorized
federal courts to dismiss an in forma pauperis
complaint if they are satisfied that the action is frivolous
or malicious. Id.; see also 28 U.S.C.
§§ 1915(e)(2)(B)(i). A complaint may be dismissed
as frivolous when the plaintiff cannot make any claim with a
rational or arguable basis in fact or law. Neitzke v.
Williams, 490 U.S. 319, 328-29 (1989); see also
Lawler v. Marshall, 898 F.2d 1196, 1198 (6th Cir. 1990).
An action has no arguable legal basis when the defendant is
immune from suit or when plaintiff claims a violation of a
legal interest which clearly does not exist.
Neitzke, 490 U.S. at 327. An action has no arguable
factual basis when the allegations are delusional or rise to
the level of the irrational or "wholly incredible."
Denton, 504 U.S. at 32; Lawler, 898 F.2d at
1199. The Court need not accept as true factual allegations
that are "fantastic or delusional" in reviewing a
complaint for frivolousness. Hill v. Lappin, 630
F.3d 468, 471 (6th Cir. 2010) (quoting Neitzke, 490
U.S. at 328).
also has authorized the sua sponte dismissal of
complaints that fail to state a claim upon which relief may
be granted. 28 U.S.C. §§1915 (e)(2)(B)(ii). A
complaint filed by a pro se plaintiff must be
"liberally construed" and "held to less
stringent standards than formal pleadings drafted by
lawyers." Erickson v. Pardus, 551 U.S. 89, 94
(2007) (per curiam) (quoting Estelle v. Gamble, 429
U.S. 97, 106 (1976)). By the same token, however, the
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 Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570 (2007)); see also
Hill, 630 F.3d at 470-71 ("dismissal standard
articulated in Iqbal and Twombly governs
dismissals for failure to state a claim" under
§§ 1915A(b)(I) and 1915(e)(2)(B)(ii)).
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." Iqbal, 556 U.S. at 678 (citing
Twombly, 550 U.S. at 556). The Court must accept all
well-pleaded factual allegations as true, but need not
"accept as true a legal conclusion couched as a factual
allegation." Twombly, 550 U.S. at 555 (quoting
Papasan v. Allain, 478 U.S. 265, 286 (1986)).
Although a complaint need not contain "detailed factual
allegations, " it must provide "more than an
accusation." Iqbal, 556 U.S. at 678 (citing
Twombly, 550 U.S. at 555). A pleading that offers
"labels and conclusions" or "a formulaic
recitation of the elements of a cause of action will not
do." Twombly, 550 U.S. at 555. Nor does a
complaint suffice if it tenders "naked
assertion[s]" devoid of "further factual
enhancement." Id. at 557. The complaint must
"give the defendant fair notice of what the . . . claim
is and the grounds upon which it rests."
Erickson, 551 U.S. at 93 (citations omitted).
pro se complaint alleges the following:
Attempted rape and (attempted) murder at Good Samaritan
Hospital 1999, 2013, 2015.
Rape and murder at WPAFB 2015 by GE Susie Shellenberger (see
lawsuits May 2015, Jan. 2016) 2015 cv 02441 and CA 027010
Ohio Gov. John Kasich and OAG Mike DeWine
Rape and murder at PA hospitals 2009-2011 when GE JSF F136
AETD was voted down by President Obama and Congresswoman
Nancy Pelosi, John Boehner and Steve Chabot.
Rape and attempted murder by Brother Dan @ UD 1985.
Murder of my grandmother Stella Piekos in North Randall
Cleveland Ohio May 2010.
Murder of my grandfather John Piekos @ Charity Hospital
Cleveland Ohio 1967.
(Doc. 1-1 at PAGEID#: 8). As relief, plaintiff seeks
"the trillion dollars Mayor Cranley lost for the City of
Cincinnati in 2011" and to have "Southwest Airlines
cancelled from CVG (retroactive to April 2017 w/Mother ...