Reed v. Wyandotte, City of et al

Filing 3

ORDER granting plaintiff's application to proceed in forma pauperis 2 and DISMISSING CASE Signed by District Judge George Caram Steeh. (MBea) Modified on 3/26/2013 (MBea).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ARELIOUS RAY REED,
Plaintiff,
Case No. 13-CV-11107
HON. GEORGE CARAM STEEH

vs.
CITY OF WYANDOTTE, et al.
Defendants.
_____________________________/

ORDER GRANTING PLAINTIFF’S APPLICATION TO PROCEED
IN FORMA PAUPERIS (DOC # 2) AND DISMISSING ACTION
On March 12, 2013, Arelious Ray Reed filed a complaint and his application to
proceed in forma pauperis. The caption of that complaint lists Reed as plaintiff, and the
City of Wyandotte and “Magis. Judge Elizabeth Lea DiSanto” as defendants. In the semiincomprehensible allegations, Reed states that he was before Judge DiSanto in September
2012, who “found [him] guilty on both charges.” That adjudication allegedly left Reed with
points on his driver’s license and a suspended driver’s license. Reed further alleges that,
as a result, he lost a week of work, had to pay fines, and was forced to live on the street
for a period of time. He asks for $25,000,000 for “pain and suffering, lost wages and
monetary damages.”
Because the court is persuaded that Reed is unable to pay the fees associated with
the filing of his complaint, his application to proceed without the prepayment of fees is
hereby GRANTED. 28 U.S.C. § 1915(a)(1). However, the complaint is dismissed under
§ 1915(e)(2)(B)(I)-(iii), which permits this court to dismiss plaintiff’s claims if it determines
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those claims are frivolous, fail to state a claim on which relief could be granted, or seek
monetary relief against a defendant who is immune from such relief, for the following
reasons.
Reed does not address the court’s subject matter jurisdiction in his complaint, but
on the accompanying civil cover sheet indicates the court has federal question jurisdiction.
However, the complaint itself (alleging as his “cuase (sic) of action: neginlice (sic), acted
as an individual with criminal intent, judicial misconduct, bias and violating the Michigan
code of judicial conduct”) is based entirely on state law, and does not demonstrate any
diversity in citizenship between the parties. Furthermore, Reed has attached a civil
judgment entered in state district court (the 24th Judicial District in Allen Park, MI), case #
13-132-GZ, captioned Reed. v. City of Wyandotte, in which summary disposition was
granted to defendant. Although there are no pleadings attached to that judgment, and no
indication of whether Reed took an appeal from it, Reed indicates the case is a “pending
or previously discontinued or dismissed companion case” to the instant matter, which may,
accordingly, be barred under principles of res judicata. Finally, his allegations all appear
to stem from actions taken by a judicial officer in the course of judicial proceedings, so it
is likely that immunity also applies.
Accordingly, this matter is DISMISSED.
IT IS SO ORDERED.
Dated: March 26, 2013
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
March 26, 2013, by electronic and/or ordinary mail and also on
Arelious Ray Reed, 30428 Milford Road, Apartment #150,
New Hudson, MI 48165.
s/Barbara Radke
Deputy Clerk

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