Filed: Jul. 15, 2011
Latest Update: Feb. 22, 2020
Summary: DLD-231 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 11-2403 _ EUGENE E. CHATMAN, Appellant v. THE CITY OF PITTSBURGH; OFFICER HIROS; OFFICER FREEMAN; LEGACY APARTMENTS _ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil No. 11-0638) District Judge: Honorable Arthur J. Schwab _ Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
Summary: DLD-231 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 11-2403 _ EUGENE E. CHATMAN, Appellant v. THE CITY OF PITTSBURGH; OFFICER HIROS; OFFICER FREEMAN; LEGACY APARTMENTS _ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil No. 11-0638) District Judge: Honorable Arthur J. Schwab _ Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 ..
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DLD-231 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 11-2403
___________
EUGENE E. CHATMAN,
Appellant
v.
THE CITY OF PITTSBURGH;
OFFICER HIROS; OFFICER FREEMAN;
LEGACY APARTMENTS
____________________________________
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. Civil No. 11-0638)
District Judge: Honorable Arthur J. Schwab
____________________________________
Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)
or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
July 8, 2011
Before: FISHER, BARRY and VAN ANTWERPEN, Circuit Judges.
(Filed: July 15, 2011)
_________
OPINION
_________
PER CURIAM
Pro se appellant Eugene Chatman appeals the District Court‟s order dismissing his
complaint under 28 U.S.C. § 1915(e). We have jurisdiction pursuant to 28 U.S.C. § 1291
and exercise plenary review over the District Court‟s order. See Allah v. Seiverling,
229
F.3d 220, 223 (3d Cir. 2000). For the reasons discussed below, we will summarily vacate
the District Court‟s order and remand for further proceedings. See 3d Cir. L.A.R. 27.4;
I.O.P. 10.6.
On May 13, 2011, Chatman filed a handwritten pro se complaint along with a
motion to proceed in forma pauperis. Although the complaint is exceedingly terse, it
focuses on three events that may or may not be related: (1) a rent dispute with his
landlord, Legacy Apartments; (2) an incident where the police handcuffed him and
brought him to the county jail; and (3) an incident where the police handcuffed him and
escorted him to his apartment. Chatman has not identified either the defendants that he
seeks to sue or the causes of action that he seeks to raise.
The District Court dismissed the complaint as frivolous under § 1915(e). The
Court did not provide Chatman with an opportunity to amend because it concluded that
Chatman‟s claims were barred by the Rooker-Feldman doctrine. See D.C. Court of
Appeals v. Feldman,
460 U.S. 462 (1983); Rooker v. Fidelity Trust Co.,
263 U.S. 413
(1923). Chatman then filed this appeal.
We agree with the District Court that, as drafted, the complaint fails to state a
claim on which relief may be granted. To avoid dismissal, a complaint‟s “[f]actual
allegations must be enough to raise a right to relief above the speculative level.” Bell Atl.
Corp. v. Twombly,
550 U.S. 544, 555 (2007). The complaint “must not be „so
undeveloped that it does not provide a defendant the type of notice of claim which is
2
contemplated by [Fed. R. Civ. P. 8].‟” Umland v. PLANCO Fin. Servs., Inc.,
542 F.3d
59, 64 (3d Cir. 2008) (quoting Phillips v. County of Allegheny,
515 F.3d 224, 233 (3d
Cir. 2008)). Here, as the District Court held, Chatman‟s complaint fails to satisfy these
standards. See Ashcroft v. Iqbal,
129 S. Ct. 1937, 1949 (2009) (explaining that a
complaint may be dismissed if it does not “contain sufficient factual matter, accepted as
true, to state a claim to relief that is plausible on its face” (internal quotation marks
omitted)).
Nevertheless, prior to dismissing a pro se complaint under § 1915(e), a district
court must give the plaintiff an opportunity to amend his pleading to cure the defect
unless such an amendment would be futile or prejudicial. See Grayson v. Mayview State
Hosp.,
293 F.3d 103, 114 (3d Cir. 2002). The District Court concluded that any
amendment would be futile because Chatman‟s claims would inevitably be barred by the
Rooker-Feldman doctrine. While we agree that that doctrine may be applicable insofar as
Chatman seeks damages for harm allegedly caused by an adverse state-court judgment, it
appears that he may also be seeking to present claims that are beyond the doctrine‟s
scope. See generally Great W. Mining & Mineral Co. v. Fox Rothschild LLP,
615 F.3d
159, 166 (3d Cir. 2010) (discussing the contours of the doctrine and stressing that Exxon
Mobil Corp. v. Saudi Basic Industries Corp.,
544 U.S. 280, 284 (2005), rejected an
“expansive application”). Thus, while we express no view as to whether Chatman will
ultimately plead a meritorious claim, we conclude that the District Court erred in
dismissing the complaint without providing leave to amend.
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We will thus summarily vacate the District Court‟s order dismissing the case and
remand for further proceedings consistent with this opinion.
4