Tyran v. United States of America

Filing 8

ORDER Granting Plaintiff's 4 Application to Proceed In Forma Pauperis and Dismissing the 1 Complaint as Frivolous. Signed by District Judge Terrence G. Berg. (HMon)

Case 2:20-cv-12104-TGB-APP ECF No. 8, PageID.36 Filed 11/17/20 Page 1 of 3

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
2:20-CV-12104

DAVID J.W. TYRAN JR.,
Plaintiff,

HON. TERRENCE G. BERG

v.
UNITED STATES OF AMERICA,
Defendant.

ORDER GRANTING
PLAINTIFF’S APPLICATION
TO PROCEED IN FORMA
PAUPERIS AND DISMISSING
THE COMPLAINT AS
FRIVOLOUS

This matter is before the Court on review of the complaint and
application to proceed in forma pauperis. ECF Nos. 1, 4.
Plaintiff alleges that “medical providers and legal authorities have
committed crimes against me, and continue to force malpractice crimes
against me.” ECF No. 1, PageID.2. In his complaint, Plaintiff discusses
his difficult background and recites a litany of his medical conditions,
primarily relating to fractures in his feet, but also in other parts of his
body. ECF No. 1, PageID.4-17. Plaintiff requests monetary damages in
the amount of $250 billion. ECF No. 1, PageID.3.
As an initial matter, the Court grants Plaintiff’s application to
proceed in forma pauperis. Under 28 U.S.C. § 1915(a)(1), the Court may
waive a person’s filing fees if he shows that he is “unable to pay such
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Case 2:20-cv-12104-TGB-APP ECF No. 8, PageID.37 Filed 11/17/20 Page 2 of 3

fees.” Here, Plaintiff avers that he is not able to pay filing fees because
he is indigent. ECF No. 1, PageID.1. Therefore, the Court finds him
unable to pay the required filing fee.
Second, the Court dismisses the Plaintiff’s complaint. 28 U.S.C. §
1915(e)(2)(B)(i) states that the Court “shall dismiss the case at any time
of the court determines that the” action “is frivolous.” An action is
frivolous “if it lacks an arguable basis in law or fact.” Brown v. Bargery,
207 F.3d 863, 866 (6th Cir. 2000) (citing Neitzke v. Williams, 490 U.S.
319, 325 (1989)). A complaint lacks an arguable basis in law or fact if it
contains factual allegations that are “fantastic or delusional” or if it is
based on legal theories that are indisputably meritless. Neitzke, 490 U.S.
at 327-28. Pro se filings should also be construed liberally. Haines v.
Kerner, 404 U.S. 519, 520-21 (1972).
Here, Plaintiff’s allegations are both so vague and broad that they
are frivolous. No specific defendants were identified. Plaintiff asks the
Court to apply for him the relevant laws to his allegations. ECF No. 1,
PageID.2-3, 20. In detailing his medical conditions, Plaintiff does not
point to a cognizable defendant or cause of action. See ECF No. 1,
PageID.17. The Court may not oblige such a request. Further, in its
current form, the Complaint puts no possible defendant on notice as to
what claims may exist against it. Such allegations lack a basis in law and
fact and are therefore frivolous.
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Case 2:20-cv-12104-TGB-APP ECF No. 8, PageID.38 Filed 11/17/20 Page 3 of 3

Accordingly, the Plaintiff’s application for leave to proceed in forma
pauperis granted. It is further ordered that the Plaintiff’s complaint is
dismissed.
IT IS SO ORDERED.
Dated: November 17, 2020

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE

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