Summary
The U.S. District Court for the Northern District of Ohio grants Travis Johnny Smith’s motion to proceed in forma pauperis but dismisses his complaint against Bank of America under 28 U.S.C. § 1915(e)(2)(B). The court concludes that the complaint’s unclear and conclusory allegations concerning the use of his state EIN numbers fail to state a plausible claim, and certifies that an appeal could not be taken in good faith.
Topics
Practice areas
Questions Presented
- Whether the complaint stated a plausible claim for relief against Bank of America under the federal pleading standards.
- Whether the complaint was subject to dismissal during mandatory screening under 28 U.S.C. § 1915(e)(2)(B).
Holdings
- The complaint failed to state a plausible claim because its unclear and conclusory allegations did not identify a cognizable legal claim or provide sufficient factual matter showing that Bank of America was liable.
- The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B) because it failed to state a claim upon which relief could be granted.
Key quotations
“A 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.” (2)
“Even liberally construed, the unclear and purely conclusory assertions set forth in his complaint fail to meet basic pleading requirements or suggest he has any plausible claim against the Defendant upon which the Court may grant him relief.” (2)
Factual background
Travis Johnny Smith, a prisoner in Kentucky proceeding pro se, filed an in forma pauperis complaint against Bank of America. The complaint appeared to concern an account with the bank, but it did not clearly identify factual allegations or legal claims. Smith alleged only that Bank of America took his state EIN numbers and put them under his Social Security numbers, and he requested that the bank perform its job correctly and stop taking people's property.
Procedural history
Plaintiff filed a brief complaint concerning alleged misuse of state EIN numbers and requested that Bank of America correct its conduct. The court granted Plaintiff's motion to proceed in forma pauperis, screened the complaint, and dismissed it for failure to state a plausible claim. The court also certified that an appeal could not be taken in good faith.