Brenda J. Burch v. Wheat Street Towels ( 2019 )


Menu:
  •           Case: 19-10049   Date Filed: 04/25/2019   Page: 1 of 3
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 19-10049
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 1:18-cv-05197-TCB
    BRENDA J. BURCH,
    Plaintiff-Appellant,
    versus
    WHEAT STREET TOWELS,
    ERICA GILES,
    Manager,
    ERIC BORDERS,
    CYNTHIA NIXON,
    Defendants-Appellees.
    ________________________
    Appeal from the United States District Court
    for the Northern District of Georgia
    ________________________
    (April 25, 2019)
    Case: 19-10049      Date Filed: 04/25/2019    Page: 2 of 3
    Before WILSON, WILLIAM PRYOR and HULL, Circuit Judges.
    PER CURIAM:
    Brenda Burch appeals pro se the sua sponte dismissal of her amended
    complaint. 28 U.S.C. § 1915(e)(2)(B)(ii). The district court ruled that Burch’s
    original complaint “lack[ed] an arguable basis either in law or fact,” id., ordered
    her to “file an amended complaint within twenty-one days that identifie[d] the
    legal basis for her claim, facts supporting it, and a prayer for relief,” and warned
    that her failure to do so would result in the dismissal of her complaint. After Burch
    filed an amended complaint that contained the same deficiencies as her original
    complaint, the district court dismissed it. We affirm.
    We review de novo the sua sponte dismissal of a complaint for failure to
    state a claim. Alba v. Montford, 
    517 F.3d 1249
    , 1252 (11th Cir. 2008). A district
    court must dismiss a complaint filed in forma pauperis if it fails to state a claim
    upon which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(ii). Although pro se
    pleadings are construed liberally and subject to less stringent standards than those
    drafted by lawyers, Alba, 517 F.3d at 1252, a complaint must allege enough facts
    “to state a claim to relief that is plausible on its face,” Bell Atlantic Corp. v.
    Twombly, 
    550 U.S. 544
    , 570 (2007). A claim is facially plausible “when the
    plaintiff pleads factual content that allows the court to draw the reasonable
    inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal,
    2
    Case: 19-10049     Date Filed: 04/25/2019    Page: 3 of 3
    
    556 U.S. 662
    , 678 (2009). A plaintiff must allege “more than an unadorned, the-
    defendant-unlawfully-harmed-me accusation.” Id.
    The district court did not err by dismissing Burch’s amended complaint.
    Burch failed to comply with the instructions of the district court to “identify a legal
    basis for the claims against Defendant; allege . . . jurisdiction; [or] allege proper
    venue . . . .” Her two-page amended complaint consists of a single paragraph with
    indecipherable run-on sentences. Burch’s amended complaint fails to allege her
    relationship with or the location of any incident with any individual defendant. For
    example, Burch alleges that “Miss Cynthia and Eric Border began their attacks on
    Me,” but she fails to allege how she knows the named persons, what they did to
    her, or where the “attacks” occurred. Burch also identifies no legal cause of action
    against any individual defendant or a legal ground on which to invoke the subject-
    matter jurisdiction of the district court. The district court correctly dismissed
    Burch’s amended complaint for failure to state a claim. See 28 U.S.C.
    § 1915(e)(2)(B)(ii).
    AFFIRMED.
    3
    

Document Info

Docket Number: 19-10049

Filed Date: 4/25/2019

Precedential Status: Non-Precedential

Modified Date: 4/25/2019