Unknown Plaintiffs v. Earl et al, No. 3:2014cv00511 - Document 3 (W.D. Ky. 2014)

Court Description: MEMORANDUM OPINION by Senior Judge Charles R. Simpson III. This case will be dismissed by separate Order for the reasons stated. cc:Mike Profitt, pro se (ERH)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CIVIL ACTION NO. 3:14CV-511-S UNKNOWN PLAINTIFF PLAINTIFF v. ADAM EARL et al. DEFENDANTS MEMORANDUM OPINION The instant action was filed on a court-supplied general complaint form. In the caption, no Plaintiff is listed. The Defendant(s) are listed as Adam Earl ETM AND Fayette Bar Fight[.] The rest of the complaint form is blank. Since the complaint was filed along with two other complaints filed by Mike Profitt and the handwriting appears to be the same, the Court will take judicial notice that Mike Profitt filed this action. [A] district court may, at any time, sua sponte dismiss a complaint for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure when the allegations of a complaint are totally implausible, attenuated, unsubstantial, frivolous, devoid of merit, or no longer open to discussion. Apple v. Glenn, 183 F.3d 477, 479 (6th Cir. 1999). The complaint contains no factual allegations and warrants dismissal for lack of subject-matter jurisdiction. In addition, Rule 8 of the Federal Rules of Civil Procedure requires that a complaint contain: (1) a short and plain statement of the grounds for the court s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought, which may include relief in the alternative or different types of relief. Fed. R. Civ. P. 8(a). In the instant case, Plaintiff s complaint lacks sufficient information to meet this standard. See Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002) (indicating that the short and plain statement of claim must give the defendant fair notice of what the plaintiff s claim is and the grounds upon which it rests ) (citation omitted). The complaint contains no factual allegations or grounds to support a claim. Therefore, the instant action will be dismissed by separate Order. Date: August 4, 2014 C al R Smpo I , ei J d e h r s . i sn I Sno u g e I r U i dSae Ds i C ut nt tt ir t o r e s tc cc: Mike Profitt, pro se 4411.010 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.