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Timothy Demitri Brown v. Susan Lynn Bury

January 12, 2012

TIMOTHY DEMITRI BROWN,
PLAINTIFF,
v.
SUSAN LYNN BURY,
DEFENDANT.



The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER DISMISSING, WITH LEAVE TO AMEND, PLAINTIFF'S COMPLAINT FOR FAILURE TO STATE A CLAIM WITHIN THE JURISDICTION OF THIS COURT (ECF No. 1)

ORDER DENYING MOTION TO SERVE DEFENDANT

(ECF No. 6)

I. PROCEDURAL HISTORY

On September 8, 2011, Plaintiff Timothy Demitri Brown, a federal prisoner proceeding pro se and in forma pauperis, initiated this civil action against Defendant Susan Lynn Bury. (Compl., ECF No. 1.) In his Complaint, Plaintiff seeks $2,330,000.00 in monetary damages and related relief for Defendant's alleged breaches of contracts and deceit. Plaintiff asserts that the amount in controversy and diversity of citizenship between Plaintiff and Defendant give this Court jurisdiction. He alleges further that venue is proper in the Eastern District of California because Defendant resides and owns property within this district. (Id.)

Defendant has not yet appeared in the action.

Plaintiff's Complaint is now before the Court for screening.

II. SCREENING REQUIREMENT

The Court is required to screen all complaints brought by plaintiffs proceeding in forma pauperis. 28 U.S.C. § 1915(e)(2); Calhoun v. Stahl, 254 F.3d 845 (9th Cir. 2001). The Court must dismiss a complaint or portion thereof if the action has raised claims that are legally "frivolous or 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).

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). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Id. Facial plausibility demands more than the mere possibility that a defendant committed misconduct and, while factual allegations are accepted as true, legal conclusions are not. Id. at 1949-50.

III. PLAINTIFF'S CLAIMS

Plaintiff's Complaint names only Susan Lynn Bury as a defendant.

Though currently incarcerated in the Florence Colorado federal correctional facility, Plaintiff alleges that he is a citizen of Louisiana and that Defendant is a resident of California, thus giving this Court diversity jurisdiction under 28 U.S.C. §§ 1332 and 1367. (Compl. at 1-2.)

Substantively, Plaintiff alleges as follows: In November 2009, he contracted with Defendant to have her open an E-Trade account and trade stocks in his behalf. He provided her with $5000.00 cash for this purpose. Defendant represented she was qualified and experienced in providing such services and advised Plaintiff that she was in fact providing those services successfully for him. (Id. at pp. 2-3)

Further in reliance upon Defendant's representations, Plaintiff provided Defendant with a diagram of his Solar Powered Water Maker invention so that she could undertake to trademark its name and seek a design patent for it. (Id.)

In truth, Defendant never undertook to fulfill her obligations as set forth above. She ultimately acknowledged as much and apologized for her acts and returned to Plaintiff $2000.00 of his $5000.00. Plaintiff believes Defendant sold his invention to others. She also promised all of her real and personal property as compensation to Plaintiff ...


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