UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
RACQUEL REID, Case No. 1:25-cv-119
Plaintiff, Cole, J. vs. Bowman, M.J.
HARD ROCK CASINO,
Defendant.
REPORT AND RECOMMENDATION
Plaintiff Racquel Reid bring this pro se action against Hard Rock Casino. By separate Order issued this date, plaintiff has been granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This matter is before the Court for a sua sponte review of plaintiff’s complaint to determine whether the complaint, or any portion of it, should be dismissed because it is frivolous, malicious, fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §1915(e)(2)(B). In enacting the original in forma pauperis statute, Congress recognized that a “litigant whose filing fees and court costs are assumed by the public, unlike a paying litigant, lacks an economic incentive to refrain from filing frivolous, malicious, or repetitive lawsuits.” Denton v. Hernandez, 504 U.S. 25, 31 (1992) (quoting Neitzke v. Williams, 490 U.S. 319, 324 (1989)). To prevent such abusive litigation, Congress has authorized federal courts to dismiss an in forma pauperis complaint if they are satisfied that the action is frivolous or malicious. Id.; see also 28 U.S.C. § 1915(e)(2)(B)(i). A complaint may be dismissed as frivolous when the plaintiff cannot make any claim with a rational or arguable basis in fact or law. Neitzke v. Williams, 490 U.S. 319, 328-29 (1989); see also Lawler v. Marshall, 898 F.2d 1196, 1198 (6th Cir. 1990). An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. An action has no arguable factual basis when the allegations are delusional or rise to the level of the irrational or
“wholly incredible.” Denton, 504 U.S. at 32; Lawler, 898 F.2d at 1199. The Court need not accept as true factual allegations that are fantastic or delusional in reviewing a complaint for frivolousness. Hill v. Lappin, 630 F.3d 468, 471 (6th Cir. 2010) (quoting Neitzke, 490 U.S. at 328). Congress also has authorized the sua sponte dismissal of complaints that fail to state a claim upon which relief may be granted. 28 U.S.C. § 1915 (e)(2)(B)(ii). A complaint filed by a pro se plaintiff must be “liberally construed” and “held to less stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). By the same
token, however, the complaint “must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)); see also Hill, 630 F.3d at 470-71 (“dismissal standard articulated in Iqbal and Twombly governs dismissals for failure to state a claim” under §§ 1915A(b)(1) and 1915(e)(2)(B)(ii)). “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.” Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 556). The Court must accept all well-pleaded factual allegations as true, but need not “accept as true a legal conclusion couched as a factual allegation.” Twombly, 550 U.S. at 555 (quoting Papasan v. Allain, 478 U.S. 265, 286 (1986)). Although a complaint need not contain “detailed factual allegations,” it must provide “more than an unadorned, the-defendant-unlawfully-harmed- me accusation.” Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 555). A pleading that offers “labels and conclusions” or “a formulaic recitation of the elements of a cause
of action will not do.” Twombly, 550 U.S. at 555. Nor does a complaint suffice if it tenders “naked assertion[s]” devoid of “further factual enhancement.” Id. at 557. The complaint must “give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.” Erickson, 551 U.S. at 93 (citations omitted). Plaintiff was employed by Hard Rock Casino. The complaint asserts that she mentioned to her manager that due to her religion she attends church on Sunday mornings. As a result, she was no longer scheduled to work on Sundays. She asserts that she asked to be returned to the schedule on Sundays and was terminated. As such, she contends that she was terminated from Hard Rock Casino due to religious
discrimination. Plaintiff does not check any box for subject matter jurisdiction on the complaint form. (Doc. 1 at 2). However, on the Civil Cover Sheet, Plaintiff marked the basis of jurisdiction as Federal Question. Upon careful review, the undersigned finds that Plaintiff’s complaint has failed to assert any claim with an arguable basis in law over which this Court has subject matter jurisdiction. It appears from that complaint Plaintiff is attempting to assert a claim for religious discrimination based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. However, there is no indication from the complaint that Plaintiff filed a charge of discrimination with Equal Employment Opportunity Commission (EEOC). See Albeita v. TransAmerica Mailings, Inc., 159 F.3d 246, 254 (6th Cir. 1998) (“Federal courts do not have subject matter jurisdiction to hear Title VII claims unless the claimant explicitly files the claim in an EEOC charge or the claim can reasonably be expected to grow out of the EEOC charge.”). Furthermore, Plaintiff also fails to reference or attach an EEOC right- to-sue letter, which is a precondition to filing a lawsuit for discrimination under Title VII in
federal court. See 42 U.S.C. § 2000e-5(f)(1). Accordingly, because Plaintiff's Complaint fails to allege a cognizable federal claim and it appears that Plaintiff has not obtained an EEOC right-to-sue letter, Plaintiff's Complaint is properly dismissed for lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted. Additionally, to the extent Plaintiff could seek to invoke the diversity jurisdiction, such jurisdiction is lacking as the complaint identifies all parties as residing in Ohio.
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
RACQUEL REID, Case No. 1:25-cv-119
Plaintiff, Cole, J. vs. Bowman, M.J.
HARD ROCK CASINO,
Defendant.
REPORT AND RECOMMENDATION
Plaintiff Racquel Reid bring this pro se action against Hard Rock Casino. By separate Order issued this date, plaintiff has been granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This matter is before the Court for a sua sponte review of plaintiff’s complaint to determine whether the complaint, or any portion of it, should be dismissed because it is frivolous, malicious, fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §1915(e)(2)(B). In enacting the original in forma pauperis statute, Congress recognized that a “litigant whose filing fees and court costs are assumed by the public, unlike a paying litigant, lacks an economic incentive to refrain from filing frivolous, malicious, or repetitive lawsuits.” Denton v. Hernandez, 504 U.S. 25, 31 (1992) (quoting Neitzke v. Williams, 490 U.S. 319, 324 (1989)). To prevent such abusive litigation, Congress has authorized federal courts to dismiss an in forma pauperis complaint if they are satisfied that the action is frivolous or malicious. Id.; see also 28 U.S.C. § 1915(e)(2)(B)(i). A complaint may be dismissed as frivolous when the plaintiff cannot make any claim with a rational or arguable basis in fact or law. Neitzke v. Williams, 490 U.S. 319, 328-29 (1989); see also Lawler v. Marshall, 898 F.2d 1196, 1198 (6th Cir. 1990). An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. An action has no arguable factual basis when the allegations are delusional or rise to the level of the irrational or
“wholly incredible.” Denton, 504 U.S. at 32; Lawler, 898 F.2d at 1199. The Court need not accept as true factual allegations that are fantastic or delusional in reviewing a complaint for frivolousness. Hill v. Lappin, 630 F.3d 468, 471 (6th Cir. 2010) (quoting Neitzke, 490 U.S. at 328). Congress also has authorized the sua sponte dismissal of complaints that fail to state a claim upon which relief may be granted. 28 U.S.C. § 1915 (e)(2)(B)(ii). A complaint filed by a pro se plaintiff must be “liberally construed” and “held to less stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). By the same
token, however, the complaint “must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)); see also Hill, 630 F.3d at 470-71 (“dismissal standard articulated in Iqbal and Twombly governs dismissals for failure to state a claim” under §§ 1915A(b)(1) and 1915(e)(2)(B)(ii)). “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.” Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 556). The Court must accept all well-pleaded factual allegations as true, but need not “accept as true a legal conclusion couched as a factual allegation.” Twombly, 550 U.S. at 555 (quoting Papasan v. Allain, 478 U.S. 265, 286 (1986)). Although a complaint need not contain “detailed factual allegations,” it must provide “more than an unadorned, the-defendant-unlawfully-harmed- me accusation.” Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 555). A pleading that offers “labels and conclusions” or “a formulaic recitation of the elements of a cause
of action will not do.” Twombly, 550 U.S. at 555. Nor does a complaint suffice if it tenders “naked assertion[s]” devoid of “further factual enhancement.” Id. at 557. The complaint must “give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.” Erickson, 551 U.S. at 93 (citations omitted). Plaintiff was employed by Hard Rock Casino. The complaint asserts that she mentioned to her manager that due to her religion she attends church on Sunday mornings. As a result, she was no longer scheduled to work on Sundays. She asserts that she asked to be returned to the schedule on Sundays and was terminated. As such, she contends that she was terminated from Hard Rock Casino due to religious
discrimination. Plaintiff does not check any box for subject matter jurisdiction on the complaint form. (Doc. 1 at 2). However, on the Civil Cover Sheet, Plaintiff marked the basis of jurisdiction as Federal Question. Upon careful review, the undersigned finds that Plaintiff’s complaint has failed to assert any claim with an arguable basis in law over which this Court has subject matter jurisdiction. It appears from that complaint Plaintiff is attempting to assert a claim for religious discrimination based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. However, there is no indication from the complaint that Plaintiff filed a charge of discrimination with Equal Employment Opportunity Commission (EEOC). See Albeita v. TransAmerica Mailings, Inc., 159 F.3d 246, 254 (6th Cir. 1998) (“Federal courts do not have subject matter jurisdiction to hear Title VII claims unless the claimant explicitly files the claim in an EEOC charge or the claim can reasonably be expected to grow out of the EEOC charge.”). Furthermore, Plaintiff also fails to reference or attach an EEOC right- to-sue letter, which is a precondition to filing a lawsuit for discrimination under Title VII in
federal court. See 42 U.S.C. § 2000e-5(f)(1). Accordingly, because Plaintiff's Complaint fails to allege a cognizable federal claim and it appears that Plaintiff has not obtained an EEOC right-to-sue letter, Plaintiff's Complaint is properly dismissed for lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted. Additionally, to the extent Plaintiff could seek to invoke the diversity jurisdiction, such jurisdiction is lacking as the complaint identifies all parties as residing in Ohio. Accordingly, for these reasons, it is therefore RECOMMENDED this action be DISMISSED with PREJUDICE for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted. It is further RECOMMENDED that the Court
certify pursuant to 28 U.S.C. § 1915(a) that for the foregoing reasons an appeal of any Order adopting this Report and Recommendation would not be taken in good faith and therefore deny Plaintiff leave to appeal in forma pauperis. s/ Stephanie K. Bowman Stephanie K. Bowman United States Magistrate Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
NOTICE Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to this Report & Recommendation (“R&R”) within FOURTEEN (14) DAYS after being served with a copy thereof. That period may be extended further by the Court on timely motion by either side for an extension of time. All objections shall specify the portion(s) of the R&R objected to, and shall be accompanied by a memorandum of law in support of the objections. A party shall respond to an opponent’s objections within FOURTEEN DAYS after being served with a copy of those objections. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).