Kelly Ross v. Joy Campanelli, Genine D. Edwards, and Brian Gottlieb

Summary

The United States District Court for the Northern District of Mississippi adopted a magistrate judge's Report and Recommendation and dismissed Kelly Ross's pro se complaint without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii). The court held that the complaint failed to state a plausible claim and provided no factual basis for federal jurisdiction, and noted the plaintiff's pattern of filing identical complaints in multiple districts.

Holdings

1. A complaint subject to in forma pauperis screening may be dismissed sua sponte under 28 U.S.C. § 1915(e)(2)(B)(ii) when it fails to plead enough factual matter to state a plausible claim for relief. Ross's conclusory one-page complaint failed to meet that standard.
2. A bare assertion that an action is within federal jurisdiction, without facts supporting a jurisdictional basis, is insufficient to establish federal subject matter jurisdiction at the pleading stage.

Questions Presented

1. Whether the complaint stated a plausible claim for relief sufficient to survive screening under 28 U.S.C. § 1915(e)(2)(B).
2. Whether the complaint alleged a factual basis for federal subject matter jurisdiction.
3. Whether the Report and Recommendation recommending dismissal without prejudice should be adopted when the plaintiff filed no objections.

Disposition

dismissed