Adams v. Trump et al
Filing
4
ORDER GRANTING PLAINTIFFS APPLICATION TO PROCEED IN FORMA PAUPERIS ANDDISMISSING COMPLAINT AND ENJOINING PLAINTIFF FROM FILING FURTHER COMPLAINTS WITHOUT LEAVE OF COURT BY THE PRESIDING JUDGE Signed by District Judge Avern Cohn. (MVer)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JEROME S. ADAMS,
Plaintiff,
Case No. 18-10133
vs.
HONORABLE AVERN COHN
PRESIDENT DONALD TRUMP,
et al.,
Defendants.
_____________________________/
ORDER
GRANTING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS
AND
DISMISSING COMPLAINT
AND
ENJOINING PLAINTIFF FROM FILING FURTHER COMPLAINTS WITHOUT LEAVE
OF COURT BY THE PRESIDING JUDGE
I.
Plaintiff Jerome S. Adams, proceeding pro se, has filed a complaint naming the
President of the United States and 128 others as defendants. Defendants, broadly
categorized, range from politicians and other political figures, celebrities (movie stars,
music stars and reality TV stars), large corporations and their executives, law firms,
sports figures, and several Ferrari dealerships.
Plaintiff asks to proceed in forma pauperis. Based upon the information in the
Application to Proceed In Forma Pauperis, the Court, under 28 U.S.C. § 1915, GRANTS
plaintiff in forma pauperis status. For the reasons that follow, however, the complaint
will be dismissed for lack of subject-matter jurisdiction and for failure to state a claim
under 28 U.S.C. § 1915(e)(2).
II.
Under § 1915 (e)(2) a Court may dismiss a complaint at any time if it determines
that the case is frivolous or malicious, that the plaintiff fails to state a claim upon which
relief may be granted, or seeks relief against a defendant who is immune from such
relief. A complaint "is frivolous where it lacks an arguable basis either in law or in fact."
Neitzke v. Williams, 490 U.S. 319, 325 (1989). Moreover, a federal court is always
“under an independent obligation to examine their own jurisdiction,” FW/PBS, Inc. v.
City of Dallas, 493 U.S. 215, 231 (1990), and a federal court may not entertain an action
over which it has no jurisdiction. See Insurance Corp. of Ireland, Ltd. v. Compagnie des
Bauxites de Guinee, 456 U.S. 694, 701 (1982). Indeed, a court is required to dismiss
an action at any time if it lacks subject-matter jurisdiction. See Fed. R. Civ. P. 12(h)(3);
See Wagenknecht v. United States, 533 F.3d 412, 416 (6th Cir.2008) (“a district court
may sua sponte dismiss an action when it lacks subject matter jurisdiction.”).
The Court must read pro se complaints indulgently, see Haines v. Kerner, 404
U.S. 519, 520 (1972), and accept plaintiff's allegations as true, unless they are clearly
irrational or wholly incredible. Denton v. Hernandez, 504 U.S. 25, 33 (1992).
III.
A.
The Court has read the complaint. It is virtually unintelligible. As best as can be
gleaned, plaintiff says that certain defendants interfered with a court case he had
against Walmart and other defendants extorted money from him that he received from
his lawsuit. He seeks over a trillion dollars in damages. Even liberally construing the
2
complaint, plaintiff has failed to allege any factual grounds asserting a plausible claim
against any of the defendants. Plaintiff has also failed to allege any legal authority as to
why plaintiff may recover from any of the defendants. Overall, the Court cannot discern
a viable legal claim or the basis for federal jurisdiction. As such, the complaint must be
dismissed.
B.
The Court also notes that plaintiff filed two similar lawsuits in this district, in June
of 2017 and December of 2017. Both were dismissed as frivolous. See Adams v.
Trump, et al., 17-11925, Adams v. Wray, et al.,17-13958. In case no. 17-13958 the
Court cautioned that “Plaintiff may be enjoined from filing additional lawsuits if he
continues to abuse the judicial process.” (Doc. 4 in case no. 17-13858 at p. 2).
The Sixth Circuit has held that district courts may properly enjoin vexatious
litigants from filing further actions against a defendant without first obtaining leave of
court. Feathers v. Chevron U.S.A., Inc., 141 F.3d 264, 269 (6th Cir. 1998); See also,
Filipas v. Lemons, 690 F.2d 1145, 1146 (6th Cir. 1987). "There is nothing unusual
about imposing prefiling restrictions in matters with a history of repetitive or vexatious
litigation." Id. at 269. A prefiling review requirement is a judicially imposed remedy
whereby a plaintiff must obtain leave of the district court to assure that the claims are
not frivolous or harassing. See e.g., Ortman v. Thomas, 99 F.3d 807, 811 (6th Cir.
1996). Often, a litigant is merely attempting to collaterally attack prior unsuccessful
suits. Filipas, 835 F.2d at 1146. In light of the Court’s warning and the fact that the
current complaint is equally frivolous, the Court will enjoin plaintiff from filing future
lawsuits.
3
VI.
For the reasons stated above, even under a liberal pleading standard, the
complaint fails to set forth a viable claim against any of the defendants. The complaint
is therefore DISMISSED for lack of subject-matter jurisdiction. See Fed. R. Civ. P.
12(h)(3). It is also DISMISSED under 28 U.S.C. § 1915(e)(2). In light of this
disposition, the Court certifies that any appeal from this decision could not be taken in
good faith. See 28 U.S.C. § 1915(a)(3).
IT IS FURTHER ORDERED that plaintiff is ENJOINED and RESTRAINED from
filing any new complaints in the United States District Court for the Eastern District of
Michigan without first seeking and obtaining leave of court by the presiding judge.1
SO ORDERED.
S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT COURT
Dated: 1/17/2018
Detroit, Michigan
1
The district judges rotate acting as the presiding judge and are usually
designated for one-week periods. The name of the presiding judge is not disclosed
before Monday at 8:30 am and can be obtained by contacting the Clerk’s office. See
E.D. Mich. LR 77.2.
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?