King v Bayfriend

Filing 2

MEMORANDUM. Signed by Judge William D Quarles, Jr on 8/25/10. (das, Deputy Clerk)(c/m 8/25/10-das)

King v Bayfriend

Doc. 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MAURY LEE KING, v. YOLANDA BAYFRIEND : : : : : : ..oOo..

CIVIL ACTION NO. WDQ-10-2142

MEMORANDUM On August 5, 2010, Maury King, filed the instant pro se complaint stating the facts as follows: "Yolanda's husband, I am feeling bad really body health medication sleeping because [illegible] hurt myself. Yolanda know better really Yolanda love you. How feeling myself [Illegible] rice anything be sorry [illegible] Yolanda stay with me at her know good to me lots help her accept myself." Paper No. 1. Plaintiff has neither paid the civil filing fee nor filed a motion for leave to proceed in forma pauperis. A complaint that is totally implausible or frivolous may be dismissed sua sponte for lack of subject matter jurisdiction pursuant to FED R. CIV. P 12 (b)(1). See Apple v. Glenn, 183 F.3d 477 (6th Cir. 1999) cert. denied, 528 U.S. 1198 (2000); O=Connor v. United States, 159 F.R.D. 22 (D. Md. 1994); see also Crowley Cutlery Co. v. United States, 849 F.2d 273, 277 (7th Cir. 1988) (federal district judge has authority to dismiss a frivolous suit on his own initiative). Accordingly, this case is dismissed for lack of subject matter jurisdiction. A separate order follows this memorandum.

Date: August 25, 2010

/s/ William D. Quarles, Jr. United States District Judge

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