United States District Court, S.D. Texas, Houston Division
MEMORANDUM AND RECOMMENDATION
K. JOHNSON UNITED STATES MAGISTRATE JUDGE
before the court is Defendant's Motion to Dismiss (Doc.
5) and the response filed thereto. In the motion, Defendant
argues that Plaintiff's complaint fails to comply with
Federal Rule of Civil Procedure (“Rule”) 8
because its rambling, non-linear allegations are
“confusing, ambiguous, redundant, vague, and
reasons discussed below, it is RECOMMENDED
that Defendant's motion be GRANTED IN
PART and DENIED IN PART.
12(b)(6) allows dismissal of an action whenever the
complaint, on its face, fails to state a claim upon which
relief can be granted. The court should construe the
allegations in the complaint favorably to the pleader and
accept as true all well-pleaded facts. Harold H. Huggins
Realty, Inc. v. FNC, Inc., 634 F.3d 787, 803 n.44
(5th Cir. 2011)(quoting True v. Robles,
571 F.3d 412, 417 (5th Cir. 2009)).
complaint need not contain “detailed factual
allegations” but must include sufficient facts to
indicate the plausibility of the claims asserted, raising the
“right to relief above the speculative level.”
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555
(2007); see also Ashcroft v. Iqbal, 556 U.S. 662,
means that the factual content “allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged.” Iqbal, 556 U.S.
678. A plaintiff must provide “more than labels and
conclusions” or “a formulaic recitation of the
elements of a cause of action.” Twombly, 550
U.S. at 555. In other words, the factual allegations must
allow for an inference of “more than a sheer
possibility that a defendant has acted unlawfully.”
Iqbal, 556 U.S. 678.
as Plaintiff has been granted permission to proceed in forma
pauperis, his complaint is subject to preliminary screening
under 28 U.S.C. § 1915(e)(2). That section allows the
court to dismiss, sua sponte, any claim that the court deems
frivolous or malicious, or which fails to state a claim upon
which relief can be granted. A claim may be deemed frivolous
if it “lacks an arguable basis either in law or in
fact.” See Neitzke v. Williams, 490 U.S. 319,
325 (1989). Under Section 1915(e), a court does not have to
accept as true a litigant's allegations if the
allegations lack material facts or are irrational. See
Willrich v. United States, Civ. Action No. 3:13cv3149,
2013 WL 5273331 *2 (N.D. Tex. Sept. 18, 2013)(citing
Wesson v. Oglesby, 910 F.2d 278, 281 (5th
styling himself “The King/Morocco, ” filed this
action against his former employer for employment
discrimination based on his termination in January 2019.
Attached to the complaint is an Equal Employment Opportunity
Commission (“EEOC”) Right To Sue letter and a
Charge of Discrimination which shows that Plaintiff timely
filed an EEOC administrative complaint of discrimination and
timely filed this suit. Plaintiff has adequately alleged a
Title VII employment discrimination claim.
complaint also appears to allege fraud, collusion,
negligence, genocide and conspiracy, violations of the Texas
Constitution, the Genetic Information Non-Discrimination Act,
Title 18 of the United States Code and various international
treaties arising from his employment.
the latter group of claims that Defendant argues lacks
factual support. Having reviewed the complaint, the court
agrees that Plaintiff's complaint lacks factual support
for any cause of action, other than a Title VII employment
it is RECOMMENDED that Plaintiff's
claims for fraud, collusion, negligence, genocide and
conspiracy, and violations of the Texas Constitution, the
Genetic Information Non-Discrimination Act, Title 18 of the
United States Code and international treaties be
DISMISSED for Plaintiff's failure to
state a claim upon which relief can be granted. Plaintiff is
further advised that he may be subject to monetary or other
sanctions if he continues to pursue frivolous claims. Any
further amendments must be with leave of court.
Clerk shall send copies of this Memorandum and Recommendation
to the respective parties who have fourteen days from the
receipt thereof to file written objections thereto pursuant
to Federal Rule of Civil Procedure 72 (b) and General Order
2002-13. Failure to file written objections within the time
period mentioned shall bar an aggrieved party from attacking
the factual findings and legal conclusions on appeal.
original of any written objections shall be filed with the
United States District Clerk electronically. Copies of such
objections shall be mailed to opposing parties and to the
chambers of ...