UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

BOBBY REEVES JR., 

 Case No. 1:18-cv-321 

 Plaintiff, 

Barrett, J. 

Bowman, M.J. 

v. 

 

ABOUT SPACE SELF STORAGE, 

 

 Defendant. 

 

REPORT AND RECOMMENDATION 

By separate Order, plaintiff has been granted leave to proceed in forma pauperis

pursuant to 28 U.S.C. § 1915. This matter is before the Court for a sua sponte review of 

the complaint to determine whether the complaint, or any portion of it, should be 

dismissed because it is frivolous, 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. See 

28 U.S.C. § 1915(e)(2)(B). Upon careful review, the undersigned finds that the complaint 

fails to state a claim for relief and therefore recommends dismissal of the complaint. 

28 U.S.C. § 1915 provides that a district court may authorize the commencement 

of a civil action without prepayment of fees provided the applicant submits an affidavit 

demonstrating that he or she “is unable to pay such fees or give security therefor.” 28 

U.S.C. § 1915(a)(1). Under 28 U.S.C. § 1915(e)(2), the Court has the responsibility to 

screen all actions filed by plaintiffs including non-prisoners seeking in forma pauperis

status and to dismiss any action or portion thereof which is frivolous or malicious, fails to 

state a claim for which relief can be granted, or seeks monetary relief against a defendant 

who is immune from such relief. McGore v. Wrigglesworth, 114 F.3d 601, 608 (6th 

Cir.1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199, 127 S.Ct. 910, 166 

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L.Ed.2d 798 (2007); Johnson v. City of Wakefield, 2012 WL 2337343 *1 (6th Cir. June 20, 

2012); Johns v. Maxey, 2008 WL 4442467 *1 (E.D.Tenn. Sept.25, 2008) (Greer, J.). 

In enacting the original in forma pauperis statute, Congress recognized that a 

“litigant whose filing fees and court costs are assumed by the public, unlike a paying 

litigant, lacks an economic incentive to refrain from filing frivolous, malicious, or repetitive 

lawsuits.” Denton v. Hernandez, 504 U.S. 25, 31 (1992) (quoting Neitzke v. Williams, 

490 U.S. 319, 324 (1989)). To prevent such abusive litigation, Congress has authorized 

federal courts to dismiss an in forma pauperis complaint if they are satisfied that the 

action is frivolous or malicious. Id.; see also 28 U.S.C. §1915(e)(2)(B)(i). A complaint 

may be dismissed as frivolous when the plaintiff cannot make any claim with a rational or 

arguable basis in fact or law. Neitzke v. Williams, 490 U.S. 319, 328-29 (1989); see also 

Lawler v. Marshall, 898 F.2d 1196, 1198 (6th Cir. 1990). An action has no arguable legal 

basis when the defendant is immune from suit or when plaintiff claims a violation of a legal 

interest which clearly does not exist. Neitzke, 490 U.S. at 327. An action has no 

arguable factual basis when the allegations are delusional or rise to the level of the 

irrational or “wholly incredible.” Denton, 504 U.S. at 32; Lawler, 898 F.2d at 1199. The 

Court need not accept as true factual allegations that are “fantastic or delusional” in 

reviewing a complaint for frivolousness. Hill v. Lappin, 630 F.3d 468, 471 (6th Cir. 2010) 

(quoting Neitzke, 490 U.S. at 328). 

Here, Plaintiff complaint appears to assert a civil rights claim to seek redress for 

“loss of property” from Defendant’s storage facility. (Doc. 1 at 3). However, to state a 

civil rights claim under § 1983 claim, plaintiff must allege (1) the deprivation of a right 

secured by the Constitution or laws of the United States, and (2) the deprivation was 

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caused by a person acting under color of state law. See Hines v. Langhenry, 462 Fed. 

Appx. 500, 503 (6th Cir.2011) (citing Boykin v. Van Buren Twp., 479 F.3d 444, 451 (6th 

Cir.2007); Tahfs v. Proctor, 316 F.3d 584, 590 (6th Cir.2003)). Here, the complaint does 

not allege (nor does the Court find) that Defendant About Space Self Storage is a state 

actor as required to state a claim under section 1983. Additionally, the complaint fails to 

allege any violation of Plaintiff’s constitutional rights and/or any claims under federal law. 

Accordingly, for these reasons, it is therefore RECOMMENDED that Plaintiff’s 

complaint be DISMISSED pursuant to 28 U.S.C. §1915(e)(2)(B). It is further 

RECOMMENDED that the Court certify pursuant to 28 U.S.C. § 1915(a)(3) that for the 

foregoing reasons an appeal of any Order adopting this Report and Recommendation 

would not be taken in good faith, and therefore, deny plaintiff leave to appeal in forma 

pauperis. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997). 

 s/ Stephanie K. Bowman 

 Stephanie K. Bowman 

 United States Magistrate Judge 

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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

BOBBY REEVES JR., 

 Case No. 1:18-cv-321 

 Plaintiff, 

Barrett, J. 

Bowman, M.J. 

v. 

 

ABOUT SPACE SELF STORAGE, 

 

 Defendant. 

 

NOTICE

 Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written 

objections to this Report & Recommendation (“R&R”) within FOURTEEN (14) DAYS after 

being served with a copy thereof. That period may be extended further by the Court on 

timely motion by either side for an extension of time. All objections shall specify the 

portion(s) of the R&R objected to, and shall be accompanied by a memorandum of law in 

support of the objections. A party shall respond to an opponent’s objections within 

FOURTEEN DAYS after being served with a copy of those objections. Failure to make 

objections in accordance with this procedure may forfeit rights on appeal. See Thomas 

v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). 

 

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