Miles
Filing
6
OPINION and ORDER dismissing 1 Complaint Signed by District Judge Bernard A. Friedman. (CMul)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
IN RE:
PRINCE RAVANNA MILES
EL,
Civil Action No. 13-cv-12211
HON. BERNARD A. FRIEDMAN
____________________________/
OPINION AND ORDER DISMISSING THE COMPLAINT
Before the Court is plaintiff’s in forma pauperis complaint [docket entry 1]. For the
following reasons, the Court shall dismiss the complaint because it is frivolous and/or fails to state
a claim upon which relief may be granted.
Pro se complaints are held to “less stringent standards” than those drafted by lawyers. Haines
v. Kerner, 404 U.S. 519, 520 (1972). Nonetheless, the Court is required by statute to dismiss an in
forma pauperis complaint if it:
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune from
such relief.
28 U.S.C. § 1915(e)(2)(B). A complaint is frivolous if “it lacks an arguable basis either in law or
in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). In other words, a complaint is frivolous if
“based on an indisputably meritless legal theory” or “clearly baseless” facts or “a legal interest
which clearly does not exist” or “fantastic or delusional scenarios.” Id. at 327-328. To avoid
dismissal for failure to state a claim, “a complaint must contain sufficient factual matter, accepted
as true, to state a claim to relief that is plausible on its face.” Center for Bio-Ethical Reform, Inc. v.
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Napolitano, 648 F.3d 365, 369 (6th Cir. 2011) (citations and internal quotations omitted). Further,
the Court is required to dismiss the complaint, whether or not plaintiff is proceeding in forma
pauperis, if the Court lacks subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3).
In this case, the Court is unable to discern who plaintiff is suing nor the factual basis of his
complaint. See generally Ashcroft v. Iqbal, 556 U.S. 662 (2009). Affording the most liberal
construction to the pleadings, they seem to invoke the independent sovereignty of the “Moorish
National Republic” and list a series of grievances against some unknown entity. Since the complaint
fails to state a cognizable claim upon which relief may be granted, the Court is without jurisdiction
to entertain this matter.
Accordingly,
IT IS ORDERED that the complaint is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B).
Dated: May 20, 2013
Detroit, Michigan
S/ Bernard A. Friedman___________________
BERNARD A. FRIEDMAN
SENIOR UNITED STATES DISTRICT JUDGE
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