Miller v. California, State of et al
ORDER ENTERED: Petitioner's motion 2 for leave to proceed in forma pauperis is granted for the purpose of dismissing this action only. This action is dismissed for lack of jurisdiction and improper venue, and all relief is denied for reasons stated in the court's Order dated June 14, 2011, and herein. Any application for a certificate of appealability is denied. Signed by Senior District Judge Sam A. Crow on 7/13/2011. (Mailed to pro se party Michael Anthony Miller by regular mail.) (smnd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MICHAEL ANTHONY MILLER,
STATE OF CALIFORNIA,
O R D E R
On June 14, 2011, the court screened the petition filed in
this case and entered an order granting petitioner 15 days to
provide the financial information required by federal law to
support his motion to proceed in forma pauperis and to show cause
why this action should not be dismissed, without prejudice, for
improper venue and lack of jurisdiction.
Petitioner has since
filed a “Response” regarding the requisite financial information.
He has also filed a “Response to Show Cause Order” that together
with the attached exhibits amounts to over 500 pages.
The financial information provided by petitioner is not a
copy of all transactions in his inmate account for the six-months
immediately preceding the filing of this action.
upon the limited information before it, the court will grant the
motion to proceed in forma pauperis for the purpose of dismissing
The court finds that this action must be dismissed for the
reasons stated in its Order entered on June 14, 2011. Petitioner’s
jurisdiction because the California courts are “rogue” courts is
His voluminous exhibits are not at all responsive to
the court’s Show Cause Order.
Neither establishes that this court
has jurisdiction over any of his claims or that the District of
Kansas is the proper venue.
This is the fourth such frivolous and abusive action filed
in this court by Mr. Miller.
Mr. Miller is forewarned that if he
continues to file frivolous actions in this court, sanctions may be
IT IS THEREFORE BY THE COURT ORDERED that petitioner’s
Motion for Leave to Proceed in forma pauperis (Doc. 2) is granted
for the purpose of dismissing this action only.
IT IS FURTHER ORDERED that this action is dismissed for
lack of jurisdiction and improper venue, and all relief is denied
for reasons stated in the court’s Order entered June 14, 2011, and
certificate of appealability is denied.
IT IS SO ORDERED.
Dated this 13th day of July, 2011, at Topeka, Kansas.
s/Sam A. Crow
U. S. Senior District Judge
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