Margaret Fortier v. Michael Fortier

Summary

The United States District Court for the District of South Carolina adopts a magistrate judge’s Report and Recommendation and dismisses Margaret Fortier’s pro se complaint against Michael Fortier without prejudice, without issuance and service of process, and without leave to amend. The court concludes that the complaint fails to establish federal-question jurisdiction, does not allege actionable state action under 42 U.S.C. § 1983, and is otherwise too incomprehensible to state a claim.

Holdings

1. The complaint did not establish federal-question jurisdiction because it merely invoked constitutional amendments without alleging facts showing how Plaintiff's federal rights were violated or otherwise affirmatively and distinctly establishing a federal basis for relief.
2. Plaintiff failed to state a valid basis for jurisdiction under § 1983 because she did not allege that Defendant acted under color of state or federal law, and purely private conduct is not actionable under § 1983.
3. Liberal construction of a pro se pleading does not permit the court to disregard a clear failure to allege facts establishing a viable federal claim.

Questions Presented

1. Whether the complaint adequately pleaded facts establishing federal-question jurisdiction under 28 U.S.C. § 1331.
2. Whether Plaintiff stated a claim under 42 U.S.C. § 1983 by alleging that Defendant acted under color of state or federal law.
3. Whether the complaint's largely incomprehensible allegations stated a legally cognizable federal claim despite the liberal construction afforded to pro se pleadings.

Disposition

dismissed