Neely v. Obama

Filing 3

ORDER DISMISSING CASE and GRANTS Plaintiffs application to proceed in forma pauperis. Signed by District Judge Paul D Borman. (DGoo)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
GERALD LEE NEELY, Plaintiff, v. BARACK HUSSEIN OBAMA, Defendant. ___________________________________ / ORDER OF DISMISSAL Plaintiff filed a complaint on December 22, 2008, against Defendant President Barack Hussein Obama. Plaintiff alleges that President Obama is not qualified to take the Oath of Office because he will not defend the Constitution. (Compl. 6). Plaintiff further alleges that President Obama's vote against the "Born Alive Infant Protection Act," evidently a piece of legislation defeated in the Illinois legislature, evidences his inability to defend the Constitution. Plaintiff also filed a petition to proceed in forma pauperis. "[A] district court may, at any time, sua sponte dismiss a complaint for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure when the allegations of a complaint are totally implausible, attenuated, unsubstantial, frivolous, devoid of merit, or no longer open to discussion." Apple v. Glenn, 183 F.3d 477, 479 (6th Cir. 1999). The Court finds that Plaintiff's complaint is, on its face, totally implausible, frivolous and devoid of merit. Accordingly, the Court DISMISSES this action pursuant to Rule 12(b)(1), and GRANTS Plaintiff's application to proceed in forma pauperis. Case Number: 08-15243 JUDGE PAUL D. BORMAN UNITED STATES DISTRICT COURT

SO ORDERED.

S/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: February 4, 2009 CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on February 4, 2009. S/Denise Goodine Case Manager

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