United States District Court, N.D. Ohio, Eastern Division
MEMORANDUM OF OPINION AND ORDER
R. ADAMS U.NITED STATES DISTRICT JUDGE.
se Plaintiff Samuel Darnell Yates filed this action
against President Donald Trump. In the Complaint, Plaintiff
alleges he received an email purporting to be from the First
Lady, Melania Trump, promising him fifty million dollars as
compensation for being defrauded by an earlier email scam
from Benin, Africa. He simply had to provide $ 250.00 in the
form of an i-tunes gift card for a presidential immunity
waiver certification. He received another email then
informing him he would be required to pay a delivery fee. He
seeks the fifty million dollars he was promised in the email.
filed an Application to Proceed In Forma Pauperis.
That Application is granted
Standard of Review
pro se pleadings are liberally construed, Boag
v. MacDougall, 454 U.S. 364, 365 (1982) (per curiam);
Haines v. Kerner, 404 U.S. 519, 520 (1972), the
district 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, or
if it lacks an arguable basis in law or fact. Neitzke v.
Williams, 490 U.S. 319 (1989); Lawler v.
Marshall, 898 F.2d 1196 (6th Cir. 1990); 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 on an indisputably meritless legal theory or when
the factual contentions are clearly baseless.
Neitzke, 490 U.S. at 327. A cause of action fails to
state a claim upon which relief may be granted when it lacks
“plausibility in the complaint.” Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 564 (2007).
pleading must contain a “short and plain statement of
the claim showing that the pleader is entitled to
relief.” Ashcroft v. Iqbal, 556 U.S. 662,
677-78 (2009). The factual allegations in the pleading must
be sufficient to raise the right to relief above the
speculative level on the assumption that all the allegations
in the complaint are true. Twombly, 550 U.S. at 555.
The 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. A pleading that offers legal
conclusions or a simple recitation of the elements of a cause
of action will not meet this pleading standard. Id.
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).
initial matter, Plaintiff does not specify the legal claim or
claims he intends to assert. The only possible claim the
Court can liberally construe from the pleading is one of
breach of contract. To have a binding contract, however, the
parties must agree to the terms as actually expressed through
the offer and acceptance, and must have a meeting of the
minds as to those terms. Spectrum Benefit Options, Inc.
v. Med. Mut. of Ohio, 880 N.E.2d 926, 926 (Ohio App. 4
Dist. 2007). Although the email in this case contains the
name of the First Lady and purports to be authorized by the
President, there is no indication that it is a legitimate
offer by either of them. In fact, it appears to be another
email scam by someone posing as the First Lady, hoping to
lure Plaintiff into sending money with the unsolicited
promise of receiving a large sum of money in return.
Plaintiff failed to allege facts suggesting he had an
enforceable contract with either the President or the First
Plaintiff's Application to Proceed In Forma
Pauperis is granted, and this action is dismissed. The
Court certifies, pursuant to 28 U.S.C. § 1915(a)(3),
that an appeal from this decision could not be taken in good
28 U.S.C. § 1915(a)(3)