United States District Court, N.D. Ohio, Eastern Division
MEMORANDUM OPINION AND ORDER
HONORABLE SARA LIOI UNITED STATES DISTRICT JUDGE.
se plaintiff Jerry Muhammad (“Muhammad”)
filed this action against Jacob Wilhite
(“Wilhite”), managing member of N.W. Akron
Investments, LLC. (Doc. No. 1 (“Compl.”) at
Doc. No. 1-2.) The allegations in the complaint relate to
Wilhite's letter dated March 1, 2019, informing Muhammad
that his lease will not be renewed and that the premises must
be vacated by March 31, 2019. (Doc. No. 1-2).
moved to proceed with this action in forma pauperis,
and that motion is granted. (Doc. No. 2.)
reasons that follow, this action is dismissed.
allegations in the complaint are very sparse. It appears that
Muhammad is leasing certain property from a company for which
Wilhite is the “managing member.” Muhammad states
that he has lived at the property peacefully for 16 years
until Wilhite “took over.” (Compl. at 5.) The
complaint states that Muhammad and Wilhite had a dispute as
to where Muhammad was parking his vehicle, and when Muhammad
called to complain that his toilet was blocked, he received a
notice from Wilhite that his lease would not be renewed.
(Id.; Doc. No. 1-1.) Muhammed claims that the
nonrenewal of his lease violates the Fair Housing Act,
Americans with Disabilities Act, and his civil rights.
(Compl. at 4.) He seeks $100, 000.00 in damages.
(Id. at 6.)
Standard of Review
pro se pleadings are liberally construed, Boag
v. MacDougall, 454 U.S. 364, 365, 102 S.Ct. 700, 70
L.Ed.2d 551 (1982) (per curiam); Haines v. Kerner,
404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), the
Court is required to dismiss an in forma pauperis
action under 28 U.S.C. § 1915(e) if it fails to state a
claim upon which relief can be granted, lacks an arguable
basis in law or fact, or seeks monetary relief against a
defendant who is immune from such relief. Neitzke v.
Williams, 490 U.S. 319, 109 S.Ct. 1827, 104 L.Ed.2d 338
(1989); Sistrunk v. City of Strongsville, 99 F.3d
194, 197 (6th Cir. 1996). A claim lacks an arguable basis in
law or fact when it is premised upon an indisputably
meritless legal theory or when the factual contentions are
clearly baseless. Neitzke, 490 U.S. at 327.
dismissal standard for Fed.R.Civ.P. 12(b)(6) articulated in
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 127 S.Ct.
1955, 167 L.Ed.2d 929 (2007) and Ashcroft v. Iqbal,
556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) governs
dismissal for failure to state a claim under §
1915(e)(2)(B). Hill v. Lappin, 630 F.3d 468, 470-71
(6th Cir. 2010). In order to state a plausible claim, a
pleading must contain a short and plain statement of the
claim showing that the pleader is entitled to relief.
Iqbal, 556 U.S. at 677-78. Plaintiff is not required
to include detailed factual allegations, but must provide
more than an unadorned, the defendant-unlawfully-harmed-me
accusation. Iqbal, 556 U.S. at 678. In reviewing a
complaint, the Court must construe the pleading in the light
most favorable to the plaintiff. Bibbo v. Dean Witter
Reynolds, Inc., 151 F.3d 559, 561 (6th Cir. 1998)
(citing Sistrunk, 99 F.3d at 197).
alleges Wilhite terminated his lease in violation of
“Fair Housing, ” “Amer. w. Disabilities,
” and “civil rights.” (Compl. at 4.) The
Fair Housing Act (“FHA”), 42 U.S.C. § 3604,
makes it unlawful to:
(a) To refuse to sell or rent after the making of a bona fide
offer, or to refuse to negotiate for the sale or rental of,
or otherwise make unavailable or deny, a dwelling to any
person because of race, color, religion, sex, familial
status, or national origin.
(b) To discriminate against any person in the terms,
conditions, or privileges of sale or rental of a dwelling, or
in the provision of services or facilities in connection
therewith, because of race, color, ...