McQueen v. Holder

Filing 4

ORDER DISMISSING CASE Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Deon L. McQueen,
Plaintiff,

Case No: 16-12201
Hon. Victoria A. Roberts

v.
Eric Holder,
Defendant.
/
ORDER DISMISSING COMPLAINT
On June 15, 2016, Plaintiff Deon L. McQueen filed a Complaint pro se, alleging
discrimination based on race and disparagement of character in the employment
selection process. The Complaint is entirely devoid of facts.
McQueen fails to allege a basis for jurisdiction. Although he mentions race
discrimination, he does not allege his claim arises under federal law and the Complaint
has no factual detail. Similarly, McQueen fails to allege diversity jurisdiction under 28
U.S.C. §1332. His address is in Michigan but he does not allege his citizenship or the
citizenship of Defendant. Finally, the complaint does not allege an amount in
controversy.
The Court DISMISSES McQueen’s complaint sua sponte for lack of jurisdiction.
In general, a district court may not sua sponte dismiss a complaint where the filing fee
has been paid unless the court provides the plaintiff the opportunity to amend the
complaint. Apple v. Glenn, 183 F.3d 477, 479 (6th Cir. 1999). However, the 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.” Id.
The allegations of the complaint are completely unsubstantial; the Court has no
information regarding the alleged wrong or any surrounding circumstances.
Additionally, without more, the bare allegation that the attorney general was the source
of discrimination and disparagement is a frivolous claim.
This Complaint is Dismissed.
IT IS ORDERED.

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: June 22, 2016
The undersigned certifies that a copy of this
document was served on the attorneys of
record and Deon L. McQueen by electronic
means or U.S. Mail on June 22, 2016.
S/Carol A. Pinegar
Deputy Clerk