420 F. App'x 804

Jerry-Lee ROTH, Plaintiff-Appellant, v. William WILDER, in his individual capacity only; H & H Farms, a General Partnership; Rocco F. Meconi, in his individual capacity only; Cynthia L. Mitchell, in her individual capacity only; Cliff Duncan, in his individual capacity only; Town of Coal Creek, Colorado; Connie Higgs, in her individual capacity only; Charles Hastings, in his individual capacity only; Carol Simmons, in her individual capacity only; James L. Beicker, in his individual capacity only; Richard Alter, in his individual capacity only; The County of Fremont, Colorado, Defendants-Appellees.

No. 10-1509.

United States Court of Appeals, Tenth Circuit.

March 23, 2011.

Jerry-Lee Roth, Montrose, CO, pro se.

Sara Ludke Cook, Gordon L. Vaughan, Vaughan & Demuro, Colorado Springs, CO, Rocco F. Meconi, Meconi & Jackson, Canon City, CO, Steven J. Dawes, Sophia Hua Tsai, Light Harrington & Dawes, P.C., Denver, CO, for Defendants-Appellees.

Before BRISCOE, Chief Judge, TACHA, and MURPHY, Circuit Judges.

ORDER AND JUDGMENT*

After examining the parties’ briefs and the appellate record, this panel has deter*805mined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Jerry-Lee Roth, proceeding pro se, filed this civil rights suit against numerous individuals and Colorado governmental entities. The defendants filed multiple motions for dismissal or, in the alternative, summary judgment. The district court dismissed Roth’s complaint, citing two independent bases: (1) Roth’s complaint failed to comply with Fed.R.Civ.P. 81; and (2) Roth’s complaint failed to state a claim for relief that was plausible on its face.2 Upon de novo review, Alvarado v. KOB-TV, L.L.C., 493 F.3d 1210, 1215 (10th Cir.2007), this court concludes Roth’s complaint fails to “contain enough allegations of fact to state a claim for relief that is plausible on its face.” Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir.2008).

In the apt words of the district court, Roth’s “[c]omplaint does not set forth any facts which explain what each particular Defendant allegedly did to Plaintiff, when each Defendant allegedly did it, how each Defendant’s actions harmed Plaintiff, and what specific legal right Plaintiff believes each particular Defendant violated.” Dist. Ct. Order at 3. Thus, it is absolutely clear Roth’s complaint fails to contain “enough factual matter (taken as true) to suggest that he ... is entitled to relief.” Robbins, 519 F.3d at 1247 (quotation omitted). Furthermore, Roth’s other pleadings and filings in the district court demonstrate it would be futile to provide him an opportunity to amend prior to dismissing his complaint. See Brereton v. Bountiful City Corp., 434 F.3d 1213, 1219 (10th Cir.2006) (“A dismissal with prejudice is appropriate where a complaint fails to state a claim under Rule 12(b)(6) and granting leave to amend would be futile.”). Roth specifically stated in his objections to the magistrate judge’s report and recommendation that he could not identify any defendant’s particular wrongful actions or inactions without first engaging in discovery. As the Supreme Court made clear in Twombly, however, Rule 12(b)(6) does not allow a plaintiff to file a complaint devoid of supporting facts as a vehicle to commence discovery on the off chance come facts might exist which could support a plausible claim. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 562-63, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007).

For those reasons set out above, the judgment of the district court is hereby AFFIRMED.3

Roth v. Wilder
420 F. App'x 804

Case Details

Name
Roth v. Wilder
Decision Date
Mar 23, 2011
Citations

420 F. App'x 804

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United States

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