United States District Court, D. Maryland
MEMORANDUM
ELLEN
L. HOLLANDER, UNITED STATES DISTRICT JUDGE
On June
5, 2019, Samuel Olekanma filed a complaint with the civil
filing fee and exhibits, naming sixteen employees of the
Maryland Department of Public Safety and Correctional
Services (“DPDCS”) as well as “Unknown
Defendants employee [sic] of DPSCS.” ECF 1 at 9-10, 12;
ECF 1-1. He claims defendants have conspired to murder or
assassinate him; committed war crimes; hate crimes; crimes
under the Racketeer Influenced and Corrupt Organizations Act
(“RICO”); “honest service fraud”;
violated the Maryland Constitution and Maryland statutes; and
obstructed justice in connection with gunshots fired at his
home on two separate occasions. ECF 1 at 10-11. Additionally,
Olekanma sets forth a laundry list of civil causes of action
based on civil rights statutes, fraud, Eighth Amendment
failure to protect claims, and discrimination based on race,
national origin, and age. ECF 1 at 11-13.
I.
Pleading Standard
The
court recognizes that Olekanma is self-represented and will
hold the complaint to a less stringent standard than one
drafted by an attorney. See, e.g., Erickson v.
Pardus, 551 U.S. 89 (2007) (per curiam). A plaintiff who
submits an inartfully pleaded suit that contains a
potentially cognizable claim should be given the opportunity
to particularize the complaint in order to define the issues.
See Johnson v. Silvers, 742 F.2d 823, 825 (4th Cir.
1984). Except in certain specified cases, a complaint need
only satisfy the “simplified pleading standard”
of Rule 8(a), Swierkiewicz v. Sorema N.A., 534 U.S.
506, 513 (2002), which requires a “short and plain
statement of the claim showing that the pleader is entitled
to relief.” Fed.R.Civ.P. 8(a)(2).
Nevertheless,
“Rule 8(a)(2) still requires a ‘showing'
rather than a blanket assertion, of entitlement to
relief.” Bell Atl. Corp. v. Twombly, 550 U.S.
544, 555 n. 3 (2007). Therefore, federal civil pleading rules
provide for a minimal pleading standard to ensure that the
adverse party is reasonably informed of asserted causes of
action such that he can file a responsive answer and prepare
an adequate defense. Fed.R.Civ.P 8(a)(2).
Although
a complaint need not contain detailed allegations, the facts
alleged must be enough to raise a right to relief above the
speculative level and require “more than labels and
conclusions, ” as ‘“courts are not bound to
accept as true a legal conclusion couched as a factual
allegation.'” Bell Atlantic Corp. v.
Twombly, 550 U.S. 544 555 (2007) (citation omitted). A
complaint must contain “enough facts to state a claim
to relief that is plausible on its face.” Id.
at 570. Once a claim has been stated adequately, it may be
supported by showing any set of facts consistent with the
allegations in the complaint. Id. at 561.
Olekanma
provides insufficient facts to support a plausible federal
civil claim. Thus, he will be directed to supplement the
complaint.
II.
Plaintiff's Allegations
Olekama
alleges there was a “murder or an assassination
attempt” on his life on December 27, 2018. ECF 1 at 12.
He asserts that on that date he “was the target of
multiple gun shots fired from different direct [sic] aiming
at me while [] at my home” in Lanham, Maryland.
Id. On January 17, 2019 “multiple
gunshots” were fired at him again while he was at home.
Id. There were more than 100 bullet holes in his
home as a result of the shooting. Id.
Olekama
alleges that prior to the shootings, he had “received
several warnings from my job (INTEL) which I shared with the
agency (DEPT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES) and
which were ignored and no action was taken to investigate or
to protect me.”[1] Id. He asserts defendants
“know about the attack or had information about the
attack or aided and abated [sic] the attacks.”
Id. Of import, Olekama provides no details to
substantiate how defendants knew of or aided and abetted the
shootings.
Olekanma
submitted with the complaint a copy of the Prince
George's County Police case report #18-0077528-001 for
the incident of December 27, 2018. The report found
“destruction, damage, vandalism” by gunfire to
the home, and states the unidentified suspect wore a
“gray hoodie, black pants, and white with black stripe
shoes.” ECF 1-1 at 1-4. [2] Security camera
footage from the home revealed three unknown suspects inside
a vehicle parked in front of the house during the early
morning hours of December 27, 2018. ECF 1-1 at 1, 15. Two
suspects emerged from the vehicle and started walking toward
the house, with one holding a shortened shotgun. ECF 1-1 at
15.
The
police report noted damages to the home, including windows,
siding, drywall, and a bedroom nightstand. ECF 1-1 at 8-11. A
twelve-gauge shotgun casing, Winchester model, and a Makarov
9mm casing, and other tools were recovered as evidence by the
police. ECF1-1 at 12, 13. The police report concluded:
“From all of the evidence present on the scene, this
was not a random act, but more of a deliberate act of
violence towards the occupants” inside the house. ECF
1-1 at 16.
Plaintiff
alleges that defendants are culpable or vicariously liable
for abusing their authority and failing to report the
“impending violence” to appropriate authorities.
Id. Further, he alleges that attempts by the local
police and a private investigator he hired to interrogate
defendants have been thwarted, blocked, or ignored by
Margaret Chippendale, Warden of the Maryland Correctional
Institution for Women. Id. at 13. As relief,
Olekanma seeks $100 million, an investigation of the murder
plot, and asks that defendants to be held liable in the event
of his sudden or unexplained death. Id. at 7, 13.
III.
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