Middleton v. Middleton

Filing 4

ORDER granting plaintiff In Forma Pauperis Status and DISMISSING CASE pursuant to 28 USC 1915(e)(2)(b)(i). Any appeal may not be take in forma pauperis. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CORDALE MIDDLETON,
Plaintiff,
Case No. 18-11035
HON. GEORGE CARAM STEEH

vs.
KIMBERLY MIDDLETON,
Defendant.
__________________________/

ORDER GRANTING PLAINTIFF IN FORMA PAUPERIS STATUS AND
DISMISSING CASE PURSUANT TO 28 U.S.C. § 1915(e)(2)(b)(i)
Plaintiff Cordale Middleton, proceeding pro se, has filed suit against
Kimberly Middleton. Based upon the information in the Application to
Proceed Without Prepaying Fees or Costs, the Court grants plaintiff in
forma pauperis status pursuant to 28 U.S.C. § 1915. For the reasons that
follow, however, the Court dismisses plaintiff’s complaint as frivolous
pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
Plaintiff’s complaint is based upon allegations of assault, defamation
of character, and religious abuse and persecution. Plaintiff asserts that the
Court has jurisdiction over this action pursuant to 18 U.S.C. § 1702, the
Theft Penalty Enhancement Act, 18 U.S.C. § 242, and 28 U.S.C. 4101.
Plaintiff does not allege sufficient facts to make out any legally cognizable

-1-

action over which this Court may have jurisdiction. The Court, therefore,
finds that plaintiff’s claims are frivolous because they lack an arguable
basis in law or fact.
IT IS HEREBY ORDERED that plaintiff’s complaint is DISMISSED
pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
Based on the preceding order, this Court certifies that any appeal
from this decision would be frivolous, not in good faith and, therefore,
pursuant to 28 U.S.C. § 1915(a)(3), may not be taken in forma pauperis.
IT IS SO ORDERED.
Dated: April 3, 2018
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
April 3, 2018, by electronic and/or ordinary mail and also on
Cordale Middleton, 18926 Indiana St., Detroit, MI 48223.
s/Barbara Radke
Deputy Clerk

-2-