Kenney v. Bates
0:12-cv-01279
D. MinnesotaJun 5, 2012Background
- Plaintiff Anthony Kenney filed an application to proceed IFP in a civil action captioned against multiple defendants in the District of Minnesota.
- The court recommends denying the IFP application and summarily dismissing the action under 28 U.S.C. § 1915(e)(2)(B)(ii).
- Plaintiff’s complaint consists of largely unintelligible, sparse allegations about arbitration and National Arbitration Forum matters.
- The complaint fails to allege any specific acts or omissions by any defendant that would violate a cognizable legal theory.
- The court applies the Twombly/Iqbal plausibility standard and finds the allegations vague, conclusory, and not enough to state a claim.
- Several defendants are not even identified in the substantive allegations, and the pleading history notes possible prior litigation by Kenney.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint states a claim upon which relief can be granted. | Kenney asserts some rights under Title IV claims and seeks relief related to arbitration matters. | Defendants argue the complaint contains no actionable facts or plausible claims. | Complaint fails to state a claim; IFP denied. |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading must be plausible on its face)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (conclusory allegations insufficient without factual support)
- Atkinson v. Bohn, 91 F.3d 1127 (8th Cir. 1996) (standard for frivolous or failure-to-state claims under §1915)
- Stone v. Harry, 364 F.3d 912 (8th Cir. 2004) (facts must be clearly alleged; court not required to assume unpled facts)
