Dustin Graham Gilbert v. University of Wisconsin Madison

Summary

A United States magistrate judge recommends dismissing Dustin Graham Gilbert’s complaint against the University of Wisconsin Madison following screening under 28 U.S.C. § 1915(e)(2). The court concludes that the complaint does not present a case or controversy and does not allege facts supporting a plausible claim or showing that the defendant’s alleged use of technology caused harm to the plaintiff. The decision also notes that the plaintiff identified no authority supporting an individual cause of action under the treaty he referenced.

Holdings

1. The complaint did not assert a case or controversy within the court's jurisdiction because Plaintiff did not allege a legal theory of recovery or facts supporting a potential theory of recovery and instead sought the court's assistance in investigating information from an interview.
2. The complaint failed to state a plausible, actionable claim against Defendant because it alleged no facts showing that Defendant's alleged use of the technology caused harm to Plaintiff or otherwise supporting a theory of recovery.
3. The magistrate judge recommended that the matter be dismissed under 28 U.S.C. § 1915(e)(2) because the complaint failed both to assert a case or controversy and to allege an actionable claim.

Questions Presented

1. Whether the complaint presented a justiciable case or controversy within the jurisdiction of the federal court.
2. Whether the complaint alleged sufficient facts to state a plausible, actionable claim against the University of Wisconsin Madison.
3. Whether the complaint should be dismissed at preliminary screening under 28 U.S.C. § 1915(e)(2).

Disposition

other