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Chest v. Taylor

United States District Court, Sixth Circuit

August 28, 2013

GREGORY LEE CHEST, Plaintiff,
v.
ANDY TAYLOR, Defendant.

MEMORANDUM OPINION

THOMAS B. ROSSELL, Senior District Judge.

Pro se Plaintiff, Gregory Lee Chest, proceeding in forma pauperis , has filed a complaint alleging "Trade Mark Patent Infringement Law Violation Breaching The Federal Statute of § 5.04(D) [and] Inequitable conduct" (DN 1). This matter is before the Court for screening pursuant to 28 U.S.C. § 1915(e)(2) and McGore v. Wrigglesworth , 114 F.3d 601, 608-09 (6th Cir. 1997), overruled on other grounds by Jones v. Bock , 594 U.S. 199 (2007). For the reasons set forth below, the action will be dismissed.

I. SUMMARY OF CLAIMS

Plaintiff names one Defendant in this action, Andy Taylor. He lists Defendant's address as 600 Corporate Park Drive, St. Louis, Missouri 63105. Plaintiff seeks declaratory and injunctive relief. In his complaint Plaintiff states that on "Monday May 14TH 12" he "was walking along 4TH and River Road at Downtown Louisville, Ky." when he

noticed a BIG WHite Truck That Had a Familure Resemblance To My Street Prince [symbol omitted] Prince of The Streets of Louisville Trade Mark THo Thier Trade Mark Had Green For Grass, But This was still To Close To My Trade Mark That Cause Me To Become Discomforted which caused This Submitting of Complaint To The United States District Court Western District of Kentucky.

Plaintiff states that he is seeking relief for the

Infringers Violation of Breaching and Precureing a Trade Mark By Intentional Showing of Inequitable Conduct by MisRepresenting a Material Fact/Failing To Disclose Material Information/Submitting False Material Information To The Patent and Trade Mark Office. I Believe That The Enterprise Rent A Car Division offices and company Violated My Trade Mark Rights as The Owner & Inventor of This Trade Mark [symbol omitted] under the U.S. Patent & Trade Mark 1st First To Invent. Inequitable Conduct. Is The Base I Gregory Lee Chest am Submitting my Complaint by obtaining My Ideas and Trade Mark Placeing Them Into Action By Inappropriate Means.

Included within the complaint is a page which has a symbol with a star affixed to one of its' ends. On this page there are what appear to be listings of apartment rentals, poem lyrics, and other doodles. There is another page within the complaint that has the heading "Fileing Under Hard Ship" written across the top of the page. On this page, Plaintiff states,

Due To The Charge of The U.S.A. 1st To Invent Patent Rule to 1st to File The Patent Application Effective Date March 16TH 13 I Gregory Lee Chest am Filing Under Hardships Due to Studying Legal Law Statutes and Haveing To Write Legal Law Litigation InFormation In The Street, and Alleys of Lousiville Kentucky (as I am Homeless and being Monitored By Police Department Informants/State Licensed Monitors/Teenaged Wanna be Gang Members and Skate Boarders) In which I Gregory Lee Chest Has Litigated To Judge Charles Simpson III of the U.S. Western District Courts of Louisville Concerning The Pressure of trying To Keep Legal Law Information Secret From The Viewing of These People who Follow me Using Thier Positions and Issued Equipment To Gather The Information In Side My Litigation Process and The Information From The Books That I Read & Use In The Legal Law Library 514 West Liberty Street Lou. Ky. As Im Writing This Early Morning Friday February 1st 13 temeprature is 9 Degrees Wind chill is Minus - 12c In The Alley BeHind 4th Street Live South of 3rd & Liberty Streets Next To 53rd Bank & U.S. Post Office. This is The Hard Ships I Undergo To Litigate My Legal Right As A United States Native American Born Citizen That Has No.Mailing Address For Return Mail.

II. STANDARD OF REVIEW

Upon review under 28 U.S.C. § 1915(e), a district court must dismiss a case at any time if it determines that the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B). A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams , 490 U.S. 319, 325 (1989). The trial court may, therefore, dismiss a claim as frivolous where it is based on an indisputably meritless legal theory or where the factual contentions are clearly baseless. Id. at 327. In order to survive dismissal for failure to state a claim, "a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal , 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570 (2007)).

"[A] district court must (1) view the complaint in the light most favorable to the plaintiff and (2) take all well-pleaded factual allegations as true." Tackett v. M & G Polymers, USA, LLC , 561 F.3d 478, 488 (6th Cir. 2009) (citing Gunasekera v. Irwin , 551 F.3d 461, 466 (6th Cir. 2009) (citations omitted)). "But the district court need not accept a bare assertion of legal conclusions.'" Tackett v. M & G Polymers, USA, LLC , 561 F.3d at 488 (quoting Columbia Natural Res., Inc. v. Tatum , 58 F.3d 1101, 1109 (6th Cir. 1995)). The court's duty "does not require [it] to conjure up unpled allegations, " McDonald v. Hall , 610 F.2d 16, 19 (1st Cir. 1979), or to create a claim for a plaintiff. Clark v . Nat'l Travelers Life Ins. Co. , 518 F.2d 1167, 1169 (6th Cir. 1975). To command otherwise would require the Court "to explore exhaustively all potential claims of a pro se plaintiff, [and] would also transform the district court from its legitimate advisory role to the improper role of an advocate seeking out the strongest arguments and most successful strategies for a party." Beaudett v. City of Hampton , 775 F.2d 1274, 1278 (4th Cir. 1985).

III. ANALYSIS

Federal district courts are courts of limited jurisdiction, and their powers are enumerated in Article III of the Constitution and in statutes enacted by Congress. Bender v. Williamsport Area Sch. Dist. , 475 U.S. 534, 541 (1986); see generally , 28 U.S.C. §§ 1330 et seq . The burden of establishing jurisdiction rests with the plaintiff. Hedgepeth v. Tennessee , 215 F.3d ...


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