Opinions and documents
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
AARON TAYLOR, : NO. 1:25-CV-01963
Plaintiff, :
: (KANE, D.J.)
v. :
: (CAMONI, M.J.)
TRANS UNION, LLC, :
Defendant. :
REPORT AND RECOMMENDATION
Under the Federal Rules, a plaintiff is required to plead only “a
short and plain statement of the claim showing that the pleader is
entitled to relief.” Fed. R. Civ. P. 8(a)(2). A complaint, however, must
contain “more than labels and conclusions, and a formulaic recitation of
a cause of action’s elements will not do.” Bell Atl. Corp. v. Twombly, 550
U.S. 544, 555 (2007).
In this case, Defendant Trans Union, LLC, after removing Plaintiff
Aaron Taylor’s state court complaint, moved to dismiss under Rule
12(b)(6). Docs. 1, 5. Because the Complaint contains no factual
allegations, the undersigned recommends that the Court dismiss the
Complaint.
I. BACKGROUND
Taylor states no facts in the operative complaint, so the
undersigned only provides the procedural history. See Complaint, doc.
1-2 at 3. On August 27, 2025, Taylor filed a civil action in the magisterial
district court in Dauphin County, Pennsylvania. Id. at 2-3. On September
19, 2025, the Defendant received service of the Complaint. Notice of
Removal, doc. 1 ¶ 2; see also doc. 1-2 at 3. Twenty-eight days later, the
Defendant timely filed the Notice of Removal in this Court. See doc. 1.1
On October 27, 2025, the Defendant filed a motion to dismiss the
Complaint. Doc. 5. Taylor, however, failed to file a brief in opposition,
even though the Court ordered him to do so and sua sponte granted an
extension of time. See November 24, 2025, Order, doc. 7. The Defendant’s
motion to dismiss is thus ripe for resolution.
1 “The notice of removal of a civil action or proceeding shall be filed within
30 days after the receipt by the defendant, through service or otherwise,
of a copy of the initial pleading . . . , or within 30 days after the service of
summons upon the defendant if such initial pleading has been filed in
court and is not required to be served on the defendant, whichever period
is shorter.” 28 U.S.C. § 1446(b)(1).
II. LEGAL STANDARD
The Federal Rules of Civil Procedure require “a short and plain
statement of the claim showing that the pleader is entitled to relief.” Fed.
R. Civ. P. 8(a)(2). On a Rule 12(b)(6) motion to dismiss, “a plaintiff’s
obligation to provide the grounds of his entitlement to relief requires
more than labels and conclusions, and a formulaic recitation of the
elements of a cause of action will not do.” Twombly, 550 U.S. at 555
(citation modified).
A district court must conduct a three-step analysis when
considering the sufficiency of a complaint under Rule 12(b)(6). Malleus v.
George, 641 F.3d 560, 563 (3d Cir. 2011). First, the court must identify
“the elements a plaintiff must plead to state a claim.” Ashcroft v. Iqbal,
556 U.S. 662, 675 (2009). Second, the court must identify all of the
plaintiff’s well-pleaded factual allegations, accept them as true, and
“construe the complaint in the light most favorable to the plaintiff.”
Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009). The court
can discard bare legal conclusions or factually unsupported accusations
that merely state the defendant unlawfully harmed the plaintiff. Iqbal,
556 U.S. at 678, citing Twombly, 550 U.S. at 555. Third, the court must
determine whether “the facts alleged in the complaint are sufficient to
show that the plaintiff has a ‘plausible claim for relief.’” Fowler, 578 F.3d
at 211, quoting Iqbal, 556 U.S. at 679. A facially plausible claim “allows
the court to draw the reasonable inference that the defendant is liable for
the misconduct alleged.” Id. at 210, quoting Iqbal, 556 U.S. at 678. On a
Rule 12(b)(6) motion, the “defendant bears the burden of showing that no
claim has been presented.” Hedges v. United States, 404 F.3d 744, 750
(3d Cir. 2005).
A complaint filed by a pro se litigant is to be liberally construed and
“however inartfully pleaded, must be held to less stringent standards
than formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S.
89, 94 (2007), quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976).
Nevertheless, “pro se litigants still must allege sufficient facts in their
complaints to support a claim.” Mala v. Crown Bay Marina, Inc., 704 F.3d
239, 245 (3d Cir. 2013).
III. ANALYSIS
The undersigned recommends that the Court dismiss the
Complaint because it contains no factual allegations. See doc. 1-2 at 3.
Aside from stating that the civil action is brought under “Fair Credit
Reporting Act,” to obtain a judgment for “$1,000.00,” the Complaint is
devoid of material information, let alone well-pleaded factual allegations.
Without factual allegations, the Complaint fails to state a claim for which
relief can be granted.
Taylor’s obligation at the pleading stage is not onerous. But he
must, at minimum, plead “a short and plain statement of the claim
showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). By
pleading no factual allegations, Taylor did not comply with the Federal
Rules and left the Defendant incapable of defending against the action.
IV. LEAVE TO AMEND
The Third Circuit instructs this Court to grant leave to amend when
a complaint is subject to dismissal for failure to plead with particularity,
In re Burlington Coat Factory Secs. Litig., 114 F.3d 1410, 1435 (3d
Cir.1997), unless amendment would be inequitable or futile. Mullin v.
Balicki, 875 F.3d 140, 151 (3d Cir. 2017); Grayson v. Mayview State
Hosp., 293 F.3d 103, 114 (3d Cir. 2002). Because Taylor included no
factual allegations in the Complaint, the undersigned cannot determine
whether amendment in this case would be futile. As Taylor is proceeding
pro se and has not yet had the opportunity to amend the Complaint, the
undersigned respectfully recommends that the Court dismiss the
Complaint without prejudice.
V. RECOMMENDATION
Based on the foregoing, it is respectfully recommended that:
(1) The Defendant’s motion to dismiss (doc. 5) be GRANTED;
(2) The Complaint (doc. 1-2) be DISMISSED without prejudice;
(3) The Clerk of Court be directed to administratively close this
case.
The parties are further placed on notice that pursuant to Local Rule 72.3:
Any party may object to a magistrate judge’s proposed findings,
recommendations or report addressing a motion or matter described in
28 U.S.C. § 636 (b)(1)(B) or making a recommendation for the disposition
of a prisoner case or a habeas corpus petition within fourteen (14) days
after being served with a copy thereof. Such party shall file with the clerk
of court, and serve on the magistrate judge and all parties, written
objections which shall specifically identify the portions of the proposed
findings, recommendations or report to which objection is made and the
basis for such objections. The briefing requirements set forth in Local
Rule 72.2 shall apply. A judge shall make a de novo determination of
those portions of the report or specified proposed findings or
recommendations to which objection is made and may accept, reject, or
modify, in whole or in part, the findings or recommendations made by the
magistrate judge. The judge, however, need conduct a new hearing only
in his or her discretion or where required by law, and may consider the
record developed before the magistrate judge, making his or her own
determination on the basis of that record. The judge may also receive
further evidence, recall witnesses, or recommit the matter to the
magistrate judge with instructions.
Date: April 27, 2026 s/ Sean A. Camoni
Sean A. Camoni
United States Magistrate Judge
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