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)

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
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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

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