United States District Court, S.D. Ohio, Western Division
REPORT AND RECOMMENDATION
L. Litkovitz United States Magistrate Judge
a resident of Cincinnati, Ohio, brings this pro se civil
action against the State of Ohio and City of Cincinnati
police officers William Trabel, Jerry Hodges, Ronald Schultz,
and Euginia Blue. 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)(1) 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, verbatim:
• June 27, 2014-crime happened about 8:30 a.m.
o Sgt. Sherman First Responder
• July 3, 2014-Fugitive Task Force
o 10-11:00 a.m. o Det. Schultz
o PS Schultz o 8 officers
• July 21, 2014-Arrested for felonious assault ...