GILBERT v. DOES 1-4

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
DUSTIN GRAHAM GILBERT, 	)
)
Plaintiff 	)
)
v. 	) 	2:26-cv-00108-JAW
)
JOHN DOES 1-4, 	)
)
Defendants 	)
RECOMMENDED DECISION AFTER REVIEW
OF PLAINTIFF’S COMPLAINT
Plaintiff has commenced this action against unknown defendants regarding the loss
of his business property. (Complaint, ECF No. 1.) In addition to his complaint, Plaintiff
filed an application to proceed without the prepayment of the filing fee (ECF No. 3), which
application the Court granted. 	(Order, ECF No. 5.) 	Pursuant to the statute that governs
matters filed without the prepayment of fees, a preliminary review of Plaintiff’s complaint
is appropriate. 28 U.S.C. § 1915(e)(2).
Following a review of Plaintiff’s complaint, I recommend the Court dismiss the
matter.
LEGAL STANDARD
28 U.S.C. § 1915 is designed to ensure meaningful access to the federal courts for
individuals unable to pay the cost of bringing an action. When a party is proceeding
pursuant to the statute, however, “the court shall dismiss the case at any time if the court
determines,” inter alia, that the action is “frivolous or malicious” or “fails to state a claim
on which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B). “Dismissals [under § 1915]
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are often made sua sponte prior to the issuance of process, so as to spare prospective
defendants the inconvenience and expense of answering such complaints.” 	Neitzke v.
Williams, 490 U.S. 319, 324 (1989).
When considering whether a complaint states a claim for which relief may be
granted, courts must assume the truth of all well-plead facts and give the plaintiff the
benefit of all reasonable inferences therefrom. Ocasio-Hernandez v. Fortuno-Burset, 640
F.3d 1, 12 (1st Cir. 2011). 	A complaint fails to state a claim upon which relief can be
granted if it does not plead “enough facts to state a claim to relief that is plausible on its
face.” 	Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). 	“A self-represented
plaintiff is not exempt from this framework, but the court must construe his complaint
‘liberally’ and hold it ‘to less stringent standards than formal pleadings drafted by
lawyers.’” Waterman v. White Interior Sols., No. 2:19-cv-00032-JDL, 2019 WL 5764661,
at *2 (D. Me. Nov. 5, 2019) (quoting Erickson v. Pardus, 551 U.S. 89, 94 (2007)). “This
is not to say that pro se plaintiffs are not required to plead basic facts sufficient to state a
claim.” Ferranti v. Moran, 618 F.2d 888, 890 (1st Cir. 1980).
Here, Plaintiff expresses his belief that he “can initiate an investigation with this
civil action.” (Attachment to Complaint at 2, ECF No. 1-1.) 	Plaintiff evidently seeks an
investigation into the loss of a business. 	Although he alleges the “illegal seizure of
property” and “civil rights violations,” (Complaint at 4), he provides no facts that would
support a claim. 	The pleading rules “demand[] more than an unadorned, the-defendant-
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unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Because
Plaintiff has not alleged an actionable claim, dismissal is warranted.
C ONCLUSION
A review of Plaintiff’s complaint pursuant to 28 U.S.C. § 1915 reveals that Plaintiff
has not alleged an actionable claim. 	Accordingly, I recommend the Court dismiss the
matter.
NOTICE
A party may file objections to those specified portions of a magistrate
judge’s report or proposed findings or recommended decisions entered
pursuant to 28 U.S.C. § 636(b)(1)(B) for which de novo review by the district
court is sought, together with a supporting memorandum, within fourteen
(14) days of being served with a copy thereof.
Failure to file a timely objection shall constitute a waiver of the right
to de novo review by the district court and to appeal the district court’s order.
/s/ John C. Nivison
U.S. Magistrate Judge
Dated this 6th day of March, 2026.
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