Johnson v. Toomey Abbot Towers et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Robert W. Johnson, 	)
) 	REPORT AND RECOMMENDATION
Plaintiff, 	)
vs. 	)
)
Toomey Abbot Towers and Syracuse 	)
Housing Authority, 	)
) 	Case No. 1:24-cv-219
Defendants. 	)
Robert W. Johnson, proceeding pro se, filed a motion to proceed in forma pauperis (IFP)
and a proposed complaint. Johnson identifies himself and the defendant as residents of New York.
(Doc. 1-2). 	He claims that “ON 10/22/2024 TOOMEY ABBOT TOWERS AND SYRACUSE
HOUSING AUTHORITY DISCRIMINATED AGAINST ROBERT W JOHNSON AND DENIED
ROBERT W JOHNSON RIGHTS TO ADMISSIONS FOR PROPERTY RENTAL(S) AND
UPDATES 	DUE 	TO 	HIS 	RACE, 	AGE, 	SEX, 	RELIGION, 	RETALIATION, 	CREED,
EDUCATION, WORK HISTORY AND DISABILITIES” (Doc. No. 1-1). He alleges no facts in
support of his claims, however.
Johnson’s motion to proceed IFP should be denied for two reasons: (1) venue is improper;
and (2) Johnson has not stated any plausible claim. 	Under 28 U.S.C. § 1391(b), a federal civil
action may be brought in a judicial district where any defendant resides or in a judicial district in
which a substantial part of the events or omissions giving rise to the claim occurred. Johnson does
not assert any party resides in North Dakota and does not assert any events giving rise to his claim
occurred in the District of North Dakota. 	(Doc. 1-1). 	Additionally, Johnson makes no factual
allegations and therefore has not stated a plausible claim under Bell Atlantic Corp. v. Twombly, 550
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U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009).
The undersigned therefore RECOMMENDS that Johnson’s motion to proceed IFP (Doc.
1) be denied and the case be closed. The undersigned further recommends that if Johnson wishes
to pursue his complaint in this district and pays the $40 civil filing fee, the case be reopened.
NOTICE OF RIGHT TO FILE OBJECTIONS
Pursuant to D.N.D. Civil L.R. 72.1(D)(3), Johnson shall have until December 9, 2024, to
file objections to this Report and Recommendation. Failure to file appropriate objections may result
in recommended action without further notice or opportunity to respond.
IT IS SO ORDERED.
Dated this 20th day of November, 2024.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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