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Robinson v. EL Paso County Dept. of Human Services

United States District Court, D. Colorado

February 25, 2016

COREY PATRICK ROBINSON, Plaintiff,
v.
EL PASO COUNTY DEPT. OF HUMAN SERVICES, COLORADO SPRINGS HOUSING AUTHORITY, and BENNETTE VALLEY INVESTMENTS, Defendants.

ORDER TO AMEND

Gordon P. Gallagher United States Magistrate Judge

I. Background

Plaintiff Corey Patrick Robinson currently resides in Colorado Springs, Colorado. He initiated this action on February 18, 2016, by filing pro se a Complaint. In the Complaint, Mr. Robinson asserts jurisdiction pursuant to “El Paso County DHS acts for the State under color of law, CO Springs Housing Authority administers federal HUD programs, Benette Valley Investments is a landlord under HUD rules.” (ECF No. 1, at 2). Mr. Robinson seeks money damages.

Mr. Robinson’s request to proceed in forma pauperis under 28 U.S.C. § 1915 was granted on February 25, 2016.

II. Statement of Claims

The Court must construe the Complaint liberally because Mr. Robinson is not represented by an attorney. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the Court should not act as an advocate for a pro se litigant. See Hall, 935 F.2d at 1110. Mr. Robinson will be directed to file an Amended Complaint for the reasons stated below.

In the Background section of the Complaint, Mr. Robinson states that he is a “member of a HUD/Section 8 assisted housing unit, ” and that he “engaged in civil rights enforcement activity on behalf of [himself] and a member of [his] household. (ECF No. 1, at 2). He further contends that Defendants (1) illegally released his HIV status and “other HIPPA protected information in an act of intimidation, retaliation and discrimination” because he is a witness in federal and state investigations; (2) “excluded” him from his job and housing on the basis of his disability; (3) provided false information to law enforcement and allowed “maintenance staff and employees” to view “a confidential housing file” with his “protected HIV and disability information;” and (4) failed to protect him as a tenant in good standing. (Id.).

In the First Claim for Relief, Mr. Robinson asserts a claim against Defendants “El Paso County DHS and CO DHS” for failing to “process my complaints leaving me on the street, in shelter and forcing my disabled employer to pay for motels/food/transportation costs for me.” (ECF No. 3, at 4). He also contends that Defendant El Paso County DHS retaliated against him for filing discrimination complaints by

(i) getting a court to “order me out of my home and off my job under false pretenses;”
(ii) sending “an email out informing all parties and contracted agencies associate [sic] with the case that I have AIDS and with false claims that I was a danger to DHS contracted service providers and my employer’s children based solely on my HIV status/disabilities;”
(iii) causing him to lose “the opportunity to get all of my normal hours of employment because I could only work during the day due to the bus schedule and my wages were decreased by the extra transportation costs” and forcing him to use his disability money to pay for a hotel;
(iv) “illegally refus[ing] to process my request for food assistance;”
(v) harassing his mother by informing her that he had AIDS;
(vi) “slander[ing] me and provid[ing] false information accusing me of deliberately neglecting my client ...

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