Bogard v. State of Michigan et al

Filing 3

ORDER DISMISSING CASE; Granting Request to File In Forma Pauperis Signed by District Judge Victoria A. Roberts. (CPin)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION VILLARD BOGARD, Plaintiff, v. Case No. 13-10258 Honorable Victoria A. Roberts STATE OF MICHIGAN, et al, Defendants. ____________________________/ ORDER DISMISSING COMPLAINT Plaintiff Villard Bogard filed this lawsuit against nine defendants, including the State of Michigan, County of Allegan, three judges, and several prosecuting attorneys. Mr. Bogard has sought, and the Court grants him, in forma pauperis status. Mr. Bogard’s complaint is comprised of disconnected allegations, some of which purport to arise from “federal constitutional rights Due Process,” “the Foreign Sovereign Immunities Act,” and “extortion and racketeering in violation of federal law, receiving stolen property, constructive fraud.” The allegations are conclusory and lack factual support. Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court must dismiss any action filed in forma pauperis that is factually frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from suit. Factual frivolousness includes allegations that are “clearly baseless,” “fantastic,” or “delusional.” See Neitzke v. Williams, 490 U.S. 319, 327-28, 109 S. Ct. 1827, 1833 (1989). Mr. Bogard’s complaint is frivolous under § 1915(e); his allegations are clearly 1 baseless. Accordingly, the Court DISMISSES Mr. Bogard’s complaint. IT IS ORDERED. S/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: January 31, 2013 The undersigned certifies that a copy of this document was served on the attorneys of record by electronic means or U.S. Mail on January 31, 2013. S/Carol A. Pinegar Deputy Clerk 2

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