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Loudenslager v. Local #131 Plumbers-Steamfitters

United States District Court, D. New Hampshire

April 24, 2018

Bruce Loudenslager
v.
Local # 131 Plumbers-Steamfitters

          Bruce Loudenslager, pro se Robert M. Cheverie, Esq. James A.W. Shaw, Esq.

          REPORT AND RECOMMENDATION

          ANDREA K. JOHNSTONE UNITED STATES MAGISTRATE JUDGE

         Bruce Loudenslager, appearing pro se, has sued Local # 131 of the Plumbers and Steamfitters Union (“Local # 131”), alleging, among other things, that various union officials are liable for embezzling union funds, and for several forms of criminal activity including torture and murder. Before this magistrate judge for a report and recommendation is defendant's unopposed motion to dismiss for failure to state a claim upon which relief can be granted. For the reasons that follow, defendant's motion should be granted.

         I. The Legal Standard

         Ruling on a motion to dismiss for “failure to state a claim upon which relief can be granted, ” Fed.R.Civ.P. 12(b)(6), requires the court to conduct a limited inquiry, focusing not on “whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims.” Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). When conducting that limited inquiry, the court must “take the complaint's well-pleaded facts as true, and . . . draw reasonable inferences in the plaintiff's favor.” Barchock v. CVS Health Corp., 886 F.3d 43, 48 (1st Cir. 2018) (citing SEC v. Tambone, 597 F.3d 436, 441 (1st Cir. 2010) (en banc)). Moreover:

Well-pleaded facts must be “non-conclusory” and “non-speculative.” Schatz v. Republican State Leadership Comm., 669 F.3d 50, 55 (1st Cir. 2012). . . . To survive dismissal . . . the complaint must “contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Tambone, 597 F.3d at 437 (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). “If the factual allegations in the complaint are too meager, vague, or conclusory to remove the possibility of relief from the realm of mere conjecture, the complaint is open to dismissal.” Id. (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)).

Barchock, 886 F.3d at 48 (parallel citations omitted).

         II. Background

         In his complaint, plaintiff describes himself as a retired and disabled member of Local # 131. He summarizes his claims this way:

Theft of Union Pension Funds. Conspiracy to commit murder, torture, and murder by use of U.S. Government CIA agency and its satellites. Also the use of local radio stations and other F.C.C. registered satellites and systems.

Compl. (doc. no. 1). He supports his claim with the following factual allegations:

We [i.e., plaintiff and his family] have been targets of harassment, torture, killing, invasion of privacy. Our computers, phones, internet, T.V., are all being monitored, recorded, placed on the internet, and sold on C-D and DVD's.
Local # 131 with help of the C.I.A., radio stations and other people are using U.S. Government satellites to cause all of this to happen. Microwave torture and killing has happened to myself approximately 15, 000 times and also was used to murder my brother in the year 2000.
The people at Local # 131 are well aware of who is involved and will give you the ...

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