Short v. Sullivan

CourtDistrict Court, E.D. Michigan
DecidedJune 11, 2025
Docket2:25-cv-10998
StatusUnknown

This text of Short v. Sullivan (Short v. Sullivan) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Short v. Sullivan, (E.D. Mich. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

QASHONTAE HOSOMLA SHORT,

Plaintiff, Case No. 2: 25-cv-10998 District Judge David M. Lawson v. Magistrate Judge Anthony P. Patti

MICHAEL SULLIVAN et al.,

Defendant. ___________________________________/ MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION TO DISMISS PLAINTIFF’S COMPLAINT (ECF No. 1)

I. RECOMMENDATION: The Court should DISMISS Plaintiff’s complaint (ECF No. 1), because it fails to comply with Fed. R. Civ. P. 8(a) and, thus, “fails to state a claim on which relief may be granted[.]” 28 U.S.C. §§ 1915(e)(2)(B)(ii). Further, to the extent the complaint is capable of discernment, the allegations found therein are frivolous and do not allege a cause of action over which this Court has subject matter jurisdiction. II. REPORT: A. Background

On April 7, 2025, QaShontae Hosomla Short filed this pro se complaint against various defendants, whose only discernible connection to one another is that they live near Plaintiff, have lived near Plaintiff in the past, have crossed paths with Plaintiff, or have otherwise come under the notice of Plaintiff. On April 21, 2025, Judge Lawson granted Plaintiff’s application to proceed without prepaying

fees or costs. (ECF No. 6.) At the same time, Judge Lawson referred this case to me for, inter alia, “the screening of the complaint to determine if it should be summarily dismissed under 28 U.S.C. §§ 1915(e)(2)(B), 1915A(a).” (ECF No. 7.)

These statutes require the Court to “dismiss the case at any time if the court determines that . . . the action” is “frivolous or malicious[,]” “fails to state a claim on which relief may be granted[,]” or “seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B)(i-iii); see also 28

U.S.C. § 1915A(b)(1-2). B. Discussion Complaints by non-prisoners should be screened under 28 U.S.C. §

1915(e)(2)(B). See In re Prison Litig. Reform Act, 105 F.3d 1131, 1134 (6th Cir. 1997) (“Unlike prisoner cases, complaints by non-prisoners are not subject to the screening process required by § 1915A. However, the district court must still screen the complaint under § 1915(e)(2).”). See also Dillard v. Michigan, No.

1:21-CV-11257, 2022 WL 125523, at *2 (E.D. Mich. Jan. 12, 2022) (Ludington, J.) (quoting In re Prison Litig. Reform Act). In pertinent part, the in forma pauperis statute directs the Court to “dismiss

the case at any time if the court determines” that it “is frivolous or malicious” or “fails to state a claim on which relief may be granted[.]” 28 U.S.C. § 1915(e)(2)(B)(i),(ii). An action must be dismissed as frivolous when “it lacks an

arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). “Under § 1915(e), courts must dismiss a complaint when the factual contentions [on which it relies] are clearly baseless.” Anson v. Corr. Corp. of Am.,

529 Fed. Appx. 558, 559 (6th Cir. 2013) (quoting Neitzke, 490 U.S. at 327). Dismissal is appropriate where the “claims describ[e] fantastic or delusional scenarios, claims with which federal district judges are all too familiar.” Neitzke, 490 U.S. at 327–328.

Further, the Federal Rules of Civil Procedure provide that “[a] pleading that states a claim for relief must contain: (1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;

(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and

(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

Fed. R. Civ. P. 8(a). As the Supreme Court has instructed: Under Federal Rule of Civil Procedure 8(a)(2), a pleading must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” As the Court held in [Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007)], the pleading standard Rule 8 announces does not require “detailed factual allegations,” but it demands more than an unadorned, the-defendant-unlawfully-harmed- me accusation. . . . A pleading that offers “labels and conclusions” or “a formulaic recitation of the elements of a cause of action will not do.” Nor does a complaint suffice if it tenders “naked assertion[s]” devoid of “further factual enhancement.”

Ashcroft v. Iqbal, 556 U.S. 662, 677-678 (2009) (internal citations omitted). The Supreme Court further stated: To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to “state a claim to relief that is plausible on its face.” 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. The plausibility standard is not akin to a “probability requirement,” but it asks for more than a sheer possibility that a defendant has acted unlawfully. Where a complaint pleads facts that are “merely consistent with” a defendant's liability, it “stops short of the line between possibility and plausibility of ‘entitlement to relief.’”

Iqbal, 556 U.S. at 678 (internal citations omitted). Plaintiff’s allegations are presented in two lengthy paragraphs, under the “Statement of Claim” and “Relief” sections of her form complaint. (ECF No. 1, PageID.5-6.) In those paragraphs, she describes a pattern of coincidences and accidents which have occurred to her, which she attributes to her connections to Defendants. For example, Plaintiff indicates that on February 2, 2025, her car was “parked and starting perfectly fine,” but after she unloaded items from her car, she came back to discover that her car had been vandalized and that additionally, her “cell phone stopped working and wouldn’t allow [her] to dial out.” (ECF No. 1, PageID.5.) She contends that in December 2020, she was “having similar issues of harassment and someone breaking and entering into [her] apartment but no signs of forced entry.” (Id.) She states that at the time she lived next to a person named

“Robinson” and that she now lives near a “Robinson,” and that “[t]his appears to be at least the 3rd time a ROBINSON has been in the vicinity where [she is] having problems.” (Id., emphasis in original) She contends that, at some point, she was

living with “Mr. Griffin” and she “kept seeing newspaper articles about a ‘Griffin’ killing or assaulting his live in girlfriend named ‘Shontae,’” but that when she attempted to print the article and/or send it to Mr. Griffin she noticed that “many messages that have been sent to Mr. Griffin [had] been deleted from [her] phone

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Related

Thomas v. Arn
474 U.S. 140 (Supreme Court, 1986)
Neitzke v. Williams
490 U.S. 319 (Supreme Court, 1989)
Denton v. Hernandez
504 U.S. 25 (Supreme Court, 1992)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
In Re Prison Litigation Reform Act
105 F.3d 1131 (Sixth Circuit, 1997)
Donald Anson v. Corrections Corp. of America
529 F. App'x 558 (Sixth Circuit, 2013)

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Bluebook (online)
Short v. Sullivan, Counsel Stack Legal Research, https://law.counselstack.com/opinion/short-v-sullivan-mied-2025.