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Peoples v. Pennsylvania Municipal Service Co.

United States District Court, W.D. Pennsylvania

March 3, 2014

ODELL PEOPLES, JR., Plaintiff,
v.
PENNSYLVANIA MUNICIPAL SERVICE CO., ET AL., Defendants.

MEMORANDUM ORDER DISMISSING PRO SE PLAINTIFF'S COMPLAINT (DOC. NO. 1) PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6)

ARTHUR J. SCHWAB, District Judge.

I. Introduction

Currently before the Court is a Complaint filed by pro se Plaintiff Odell Peoples ("Plaintiff") against 41 Defendants pursuant to the Civil Rights Act of 1866. Doc. No. 1. For the following reasons, Plaintiff's Complaint (Doc. No. 1) will be DISMISSED WITH PREJUDICE.

II. Factual and Procedural Background

Plaintiff filed a Complaint on February 10, 2014. Doc. No. 1. In the Complaint, he alleges that he has "been a black male [his] entire LIFE' and the defendants are white people" and that "[t]here are no laws' in the United States of America to protect [him] as a black male with U.S. citizenship." Doc. No. 1 at ¶¶ 3, 4. Relief requested is an order for "all parties/defendants to CEASE AND PERSIST [ sic ] FOREVER'!" Id . at ¶ 5. These are the sole factual averments contained in the Complaint.

On February 12, 2014, this Court ordered that Plaintiff may file an Amended Complaint that would be screened by the Court to ensure compliance with Federal Rule of Civil Procedure 12(b)(6). Doc. No. 2. Said Complaint was due to be filed on or before February 27, 2014. Id. Receiving no Amended Complaint, this Court may consider only the original Complaint for Federal Rule 12(b)(6) evaluation.

III. Standard of Review

In order to survive dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6), a complaint presented to this Court must contain pleadings of facts sufficient to show a "plausible claim for relief." Covington v. Int'l Ass'n of Approved Basketball Officials, 710 F.3d 114, 118 (3d Cir. 2013). "While legal conclusions can provide the framework of a Complaint, they must be supported by factual allegations." Ashcroft v. Iqbal, 556 U.S. 662, 664 (2009).

This Court may not dismiss a complaint merely because it appears unlikely or improbable that Plaintiff can prove the facts alleged or will ultimately prevail on the merits. Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007). Instead, this Court must ask whether the facts alleged raise a reasonable expectation that discovery will reveal evidence of the necessary elements. Id. at 556. Generally speaking, a complaint that provides adequate facts to establish "how, when, and where" will survive dismissal. Fowler v. UPMC Shadyside, 578 F.3d 203, 212 (3d Cir. 2009).

This Court, however, need not wait for any Defendant to file a Motion to Dismiss a complaint, as a District Court "may on its own initiative enter an order dismissing the action provided that the complaint affords a sufficient basis for the court's action." Bryson v. Brand Insulations, Inc., 621 F.2d 556, 559 (3d Cir. 1980); see Schneller ex rel. Schneller v. Fox Subacute at Clara Burke, 317 Fed.Appx. 135, 138 (3d Cir. 2008); Roman v. Jeffes, 904 F.2d 192, 196 & n.8 (3d Cir. 1990).

IV. Discussion

Plaintiff seeks an Order from this Court for "all parties/defendants to CEASE AND PERSIST [ sic ] FOREVER'!" based on his allegation that "there are no laws'... to protect [him] as a black male with U.S. Citizenship." Doc. No. 1 at ¶¶ 4, 5.

The Constitution and laws of the United States of America definitively set forth protections from various forms of discrimination against individuals based on race, ethnic, gender, or other such classifications. Most notably, the Civil Rights Act of 1964 protects individuals of those protected classes - which include racial minorities - from facing discrimination as a result of their status. See 42 U.S.C.A. § 2000(a) (protecting the "full and equal enjoyment" of goods and services in places of public accommodation without discrimination on the ground of "race, color, religion, or national origin").

The Civil Rights Act of 1964 also prohibits discrimination against a person based on race, color, religion, or national origin ...


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