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Flores v. Best Western

United States District Court, District Circuit

May 23, 2013

Xavier Flores, Plaintiff,
v.
Best Western et al., Defendants.

MEMORANDUM OPINION

This matter is before the Court on review of plaintiff s four pro se complaints, which are consolidated into this one civil action, and his application to proceed in forma pauperis. The application will be granted and the case will be dismissed pursuant to 28 U.S.C. § 1915(e) (2)(B)(ii) (requiring dismissal of a case upon a determination that the complaint fails to state a claim upon which relief may be granted).

Plaintiff, a homeless individual who submitted more than 30 cryptic complaints within the first two weeks of March alone, sues entities located in Madison, Wisconsin, purportedly under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. Plaintiff concludes that those entities denied his request to use either the phone or the bathroom, but he has not stated any other facts and does not claim to have a disability.

A plaintiffs "allegations must be enough to raise a right to relief above the speculative level . . . ." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citations omitted); see AktieselskabetAF21. Nov. 2001 v. Fame Jeans, Inc., 525 F.3d 8, 16 n.4 (D.C. Cir. 2008) ("We have never accepted 'legal conclusions cast in the form of factual allegations' because a complaint needs some information about the circumstances giving rise to the claims.") (quoting Kowal V. MCICommc'ns Corp., 16 F.3d 1271, 1276 (D.C. Cir. 1994)). Plaintiff has stated no facts to support an ADA claim. Even if he had, such a claim is properly brought in the judicial district where the alleged unlawful practice occurred or where the relevant records are maintained and administered, which appears in this case to be the United States District Court for the Western District of Wisconsin. See 42 U.S.C, § 12117(a) (incorporating Title VIFs enforcement procedures set forth at 42 U.S.C. § 2000e-5(f)(3). A separate Order of dismissal accompanies this Memorandum Opinion.


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