United States District Court, D. New Hampshire
Loudenslager, pro se Robert M. Cheverie, Esq. James A.W.
REPORT AND RECOMMENDATION
K. JOHNSTONE UNITED STATES MAGISTRATE JUDGE
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
The Legal Standard
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).
complaint, plaintiff describes himself as a retired and
disabled member of Local # 131. He summarizes his claims this
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
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
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 ...