Rogers v. Target Corp.

• Court: District Court, S.D. New York
• Decided: March 5, 2025
• Docket: 1:24-cv-07883
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSHUA ROGERS, Plaintiff, 24-CV-7883 (LTS) -against- ORDER OF DISMISSAL TARGET CORP., WITH LEAVE TO REPLEAD Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is appearing pro se, brings this action without indicating whether he filed it under the Court’s federal question or diversity of citizenship jurisdiction, and without setting forth any specific causes of action. By order dated November 25, 2024, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. For the following reasons, the Court dismisses the complaint with 30 days’ leave to replead. STANDARD OF REVIEW The Court must dismiss an IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on 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); see Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998). The Court must also dismiss a complaint when the Court lacks subject matter jurisdiction of the claims raised. See Fed. R. Civ. P. 12(h)(3). While the law mandates dismissal on any of these grounds, the Court is obliged to construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret them to raise the “strongest [claims] that they suggest,” Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006) (internal quotation marks and citations omitted) (emphasis in original). But the “special solicitude” extended to pro se litigants, id. at 475 (citation omitted), has its limits – to state a claim, pro se pleadings still must comply with Rule 8 of the Federal Rules of Civil Procedure. In addition, “the degree of solicitude may be lessened where the particular pro se litigant is experienced in litigation and familiar with the procedural setting

presented.” Tracy v. Freshwater, 623 F.3d 90, 102 (2d Cir. 2010). BACKGROUND Plaintiff alleges in this complaint that “Target loss prevention allow[ed] a rumor to cloud their judgment.” (ECF 1 ¶ III.) In August 2020, Plaintiff was diagnosed “with orthopox, patient zero for New York and [his] pandemic results in death.” (Id.) Plaintiff further claims that shoplifting in New York City was decriminalized “under Mayor Baliro for streets 1 – 96”; that “your employee murdered me by using incest that made me look as if I had AIDS”; and that Bellevue Hospital “gave me a shot in the back of the hand to kill me. (Id.) Plaintiff alleges that he was “killed with the shot given.” (Id.) He seeks a “whole head transplant procedure”; insurance “for life”; the ability to alway[s] be revive[d]”; “artificial insemination for [his] first child in case [he doesn’t] live”; and $400 million in damages. (Id.

¶ IV.) DISCUSSION A. The complaint does not comply with federal pleading rules Rule 8 of the Federal Rules of Civil Procedure requires a complaint to include enough facts to state a claim for relief “that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim is facially plausible if the plaintiff pleads enough factual detail to allow the Court to draw the inference that the defendant is liable for the alleged misconduct. In reviewing the complaint, the Court must accept all well-pleaded factual allegations as true. Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009). But it does not have to accept as true “[t]hreadbare recitals of the elements of a cause of action,” which are essentially just legal conclusions. Twombly, 550 U.S. at 555. After separating legal conclusions from well-pleaded factual allegations, the Court must determine whether those facts make it plausible – not merely possible – that the pleader is entitled to relief. Id.

Furthermore, under Rule 8(a)(2), a complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). “A complaint fails to comply with Rule 8(a)(2) if it is ‘so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised.”’ Strunk v. U.S. House of Representatives, 68 F. App’x 233, 235 (2d Cir. 2003) (summary order) (quoting Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988)). Rule 8 “does not demand that a complaint be a model of clarity or exhaustively present the facts alleged,” but it does require, “at a minimum, that a complaint give each defendant fair notice of what the plaintiff’s claim is and the ground upon which it rests.” Atuahene v. City of Hartford, 10 F. App’x 33, 34 (2d Cir. 2001) (citation and quotation marks omitted).

Plaintiff’s complaint does not comply with basic pleading requirements. The only allegation against Defendant is that “Target loss prevention allow[ed] a rumor to cloud their judgment.” (ECF 1 ¶ III.) This assertion does not provide a short and plain statement giving Defendant fair notice of the claims he is asserting and the grounds on which they rest. Nor does Plaintiff provide any indication of the legal basis of his claims or why this Court has jurisdiction of his claims. Plaintiff’s other allegations – about his medical issues, the decriminalization of shoplifting in New York City, and being murdered “by incest” – appear wholly unrelated to any claims he may be asserting against Target, the only Defendant named in this complaint. LEAVE TO AMEND AND LITIGATION HISTORY Plaintiff proceeds in this matter without the benefit of an attorney. District courts generally should grant a self-represented plaintiff an opportunity to amend a complaint to cure its defects, unless amendment would be futile. See Hill v. Curcione, 657 F.3d 116, 123-24 (2d Cir. 2011); Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988). In an abundance of caution, and in

light of Plaintiff’s pro se status, the Court grants him leave to replead his claims against Defendant. The Court notes that Plaintiff has filed, and continues to file, pro se complaints in this court. Of the complaints that have been adjudicated in this court, only one, a social security appeal, has proceeded. See Rogers v. Palm Restaurant, ECF 1:25-CV-1663, 1 (LTS) (S.D.N.Y. filed Feb. 24, 2025); Rogers v. Walmart, Inc., ECF 1:25-CV-289, 1 (LTS) (S.D.N.Y. filed Jan. 2, 2025) (pending); Rogers v. Rogers, ECF 1:25-CV-288, 1 (UA) (S.D.N.Y. filed Jan. 2, 2025) (pending); Rogers v. Bowflex Inc., ECF 1:24-CV-8737, 5 (LTS) (S.D.N.Y. Nov. 26, 2024) (transferring complaint to the United States District Court for the District of New Jersey); Rogers v. Comm’r of Soc. Sec., ECF 1:24-CV-7898, 1 (SDA) (S.D.N.Y. filed Oct. 10, 2024) (pending);

Rogers v. Gardasil, ECF 1:24-CV-7889, 4 (LTS) (S.D.N.Y. Oct. 25, 2024) (transferring complaint to the United States District Court for the Western District North Carolina); Rogers v. Gates, ECF 1:24-CV-7077, 8 (LTS) (S.D.N.Y. Oct. 10, 2024) (transferring complaint to the United States District Court for the Northern District of Georgia);1 Rogers v. DeJoy, ECF 1:24- CV-7076, 5 (LTS) (S.D.N.Y. Dec. 12, 2024) (dismissing complaint for failure to state a claim

1 Two of the three transferred cases have already been dismissed. See Rogers v. Gardasil, No. 24-CV-991 (W.D.N.C. Dec. 12, 2024) (dismissing complaint because of incomplete IFP application); Rogers v. Gates, No. 24-CV-4983 (N.D. Ga. Nov. 4, 2024) (dismissing complaint for lack of subject matter jurisdiction). and lack of subject matter jurisdiction); Rogers v. NYU Hosp. Doctors, ECF 1:24-CV-6974, 5 (LTS) (S.D.N.Y. Jan. 10, 2025) (dismissing complaint for lack of subject matter jurisdiction); Rogers v. Carter, ECF 1:24-CV-6253, 5 (LTS) (S.D.N.Y. Nov. 14, 2024) (dismissing complaint for lack of subject matter jurisdiction).

In light of this litigation history, the Court finds that Plaintiff should be able to file a complaint that is properly filed in this District, complies with federal pleading rules, and shows that the Court has subject matter jurisdiction of this claims, should facts exist to support a plausible claim against Defendant. See Sledge v. Kooi, 564 F.3d 105, 109-10 (2d Cir. 2009) (discussing circumstances where litigant may be charged with knowledge of particular legal requirements); Roberts v. United States, ECF 1:24-CV-1512, 4 (LTS), 2024 WL 3606708, at *1 (S.D.N.Y. July 29, 2024) (instructing frequent pro se litigant that “before filing any lawsuit, she must make a good faith investigation into whether she has a nonfrivolous legal claim,” and that “[r]epetitive filing of frivolous litigation in this Court could result in an order barring [her] from filing new actions IFP under 28 U.S.C. § 1651”).

If Plaintiff does not file an amended complaint within the time allowed, the Court will direct the Clerk of Court to enter judgment in this action, dismissing the complaint. CONCLUSION Plaintiff’s complaint, filed IFP under 28 U.S.C. § 1915(a)(1), is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), with 30 days leave to replead his claims in an amended complaint, should he wish to do so. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Court directs the Clerk of Court to hold this matter open on the docket until a civil judgment is entered. SO ORDERED. Dated: March 3, 2025 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Civ. (i)

(In the space above enter the full name(s) of the plaintiff(s).) AMENDED COMPLAINT -against- Jury Trial: O Yes oO No ee (check one)

(dn the space above enter the full name(s) of the defendant(s). Ifyou cannot fit the names of all of the defendants in the space provided, please write “see attached” in the space above and attach an additional sheet of paper with the full list of names. The names listed in the above caption must be identical to those contained in Part I. Addresses should not be included here.)

I. Parties in this complaint: A. List your name, address and telephone number. If you are presently in custody, include your identification number and the name and address of your current place of confinement. Do the same for any additional plaintiffs named. Attach additional sheets of paper as necessary. Plaintiff Name Street Address ee County, City. State& ZipCode Telephone Number eee B. List all defendants. You should state the full name of the defendant, even if that defendant is a government agency, an organization, a corporation, or an individual. Include the address where each defendant may be served. Make sure that the defendant(s) listed below are identical to those contained in the above caption. Attach additional sheets of paper as necessary.

Rev. 12/2009

Street Address _______________________________________________________ County, City _________________________________________________________ State & Zip Code ____________________________________________________ Telephone Number ____________________________________________________ Defendant No. 2 Name ___________________________________________________________ Street Address _______________________________________________________ County, City _________________________________________________________ State & Zip Code ____________________________________________________ Telephone Number ____________________________________________________ Defendant No. 3 Name ___________________________________________________________ Street Address _______________________________________________________ County, City _________________________________________________________ State & Zip Code ____________________________________________________ Telephone Number ____________________________________________________ Defendant No. 4 Name ___________________________________________________________ Street Address _______________________________________________________ County, City _________________________________________________________ State & Zip Code ____________________________________________________ Telephone Number ____________________________________________________ II. Basis for Jurisdiction: Federal courts are courts of limited jurisdiction. Only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case involving the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one state sues a citizen of another state and the amount in damages is more than $75,000 is a diversity of citizenship case. A. What is the basis for federal court jurisdiction? (check all that apply) Q Federal Questions Q Diversity of Citizenship B. If the basis for jurisdiction is Federal Question, what federal Constitutional, statutory or treaty right is at issue? _____________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ C. If the basis for jurisdiction is Diversity of Citizenship, what is the state of citizenship of each party? Plaintiff(s) state(s) of citizenship ____________________________________________________ Defendant(s) state(s) of citizenship ____________________________________________________ ______________________________________________________________________________ III. Statement of Claim: State as briefly as possible the facts of your case. Describe how each of the defendants named in the caption of this complaint is involved in this action, along with the dates and locations of all relevant events. You may wish to include further details such as the names of other persons involved in the events giving rise to your claims. Do not cite any cases or statutes. If you intend to allege a number of related claims, number and set forth each claim in a separate paragraph. Attach additional sheets of paper as necessary.

A. Where did the events giving rise to your claim(s) occur?

B. What date and approximate time did the events giving rise to your claim(s) occur?

C. Facts) | OE you?

did ee ee ee eee ee ee

as anyone ee else involved? Who else Fee ee eee eee eee eee eee eee eee eee eee eee saw what | happened ? ee

IV. Injuries: If you sustained injuries related to the events alleged above, describe them and state what medical treatment, ifany, yourequired andreceived.

V. Relief: State what you want the Court to do for you and the amount of monetary compensation, if any, you are seeking, and the basis for such compensation.

I declare under penalty of perjury that the foregoing is true and correct. Signed this _ day of ,20_. Signature of Plaintiff □ Mailing Address

Telephone Number Fax Number (ifyou have one)

Note: All plaintiffs named in the caption of the complaint must date and sign the complaint. Prisoners must also provide their inmate numbers, present place of confinement, and address.

For Prisoners: I declare under penalty of perjury thaton this =——s dayof ———“‘éc2zO Cd Lam delivering this complaint to prison authorities to be mailed to the Pro Se Office of the United States District Court for the Southern District of New York.

Signature of Plaintiffs Inmate Number ee