Smith v. NCAA
| Jimmy Smith |
| NCAA |
| 1:2021cv00202 |
| May 7, 2021 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| Mary S McElroy |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on May 17, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER: The Court has reviewed the Plaintiff's complaint pursuant to 28 U.S.C. 1915 and finds that it does not state a claim upon which relief can be granted. Mr. Smith's complaint does not contain sufficient factual allegations to "state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). In addition the complaint does not satisfy Fed. R. Civ. P. 8(a) as it does not include "a short and plain statement of the grounds for the courts jurisdiction... and of the claim showing that the pleader is entitled to relief." Plaintiff's complaint is exceedingly thin and, although less than clear, seems to allege a claim for injury possibly received as a college football player. Without more the case does not survive review under 28 U.S.C. 1915. The Motion to Proceed In Forma Pauperis #4 is DENIED and the Complaint #1 is dismissed without prejudice. So Ordered by District Judge Mary S. McElroy on 5/17/2021. (Simoncelli, Michael)
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| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Jimmy Smith. (Attachments: #1 Exhibit, #2 Certificate of Service)(McGuire, Vickie) |
| Filing 3 Civil Cover Sheet filed by Jimmy Smith. Regarding New Case: Corrective Docket Entry,. (Attachments: #1 Certificate of Service)(McGuire, Vickie) |
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Filing 2
ORDER entered directing the plaintiff to pay the civil case filing fee in the amount of $402.00 or to file a motion to Proceed in Forma Pauperis Filing Fee or Motion to Proceed In Forma Pauperis due on or before 5/28/2021. So Ordered by District Judge Mary S. McElroy on 5/7/2021. (Potter, Carrie)
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Filing 2
ORDER entered directing the plaintiff to pay the civil case filing fee in the amount of $402.00 or to file a motion to Proceed in Forma Pauperis Filing Fee or Motion to Proceed In Forma Pauperis due on or before 5/28/2021. So Ordered by District Judge Mary S. McElroy on 5/7/2021. (Potter, Carrie)
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| Filing 1 COMPLAINT, filed by Jimmy Smith. (Attachments: #1 Email Received)(Potter, Carrie) |
| Filing 1 COMPLAINT, filed by Jimmy Smith. (Attachments: #1 Email Received)(Potter, Carrie) |
| CORRECTIVE DOCKET ENTRY Regarding: #1 Complaint: This case has been electronically filed and processed, however, after a quality control review the following deficiencies were found: Civil Cover Sheet not attached. The filer is directed to file a Civil Cover Sheet within one day. (Potter, Carrie) |
| CORRECTIVE DOCKET ENTRY Regarding: #1 Complaint: This case has been electronically filed and processed, however, after a quality control review the following deficiencies were found: Civil Cover Sheet not attached. The filer is directed to file a Civil Cover Sheet within one day. (Potter, Carrie) |
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| Plaintiff: Jimmy Smith | |
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| Defendant: NCAA | |
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