Short v. Microsoft et al

Filing 58

ORDER Granting 56 MOTION to proceed in forma pauperis, AND DISMISSING 57 Amended Complaint. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRIAN J. SHORT,
Plaintiff,
Case No. 09-14408
v.
Hon. John Corbett O’Meara
UNITED STATES, et al.,
Defendant.
_______________________/
ORDER DISMISSING COMPLAINT
Using the case number for a previously closed case, Plaintiff has filed a
complaint against the United States, Andrew Carnegie, Bill Gates, Havenwyk
Hospital, and the Garden City Police Department. Plaintiff seeks to proceed in
forma pauperis.
The court finds Plaintiff’s application to proceed in forma pauperis to be
facially sufficient and, therefore, grants Plaintiff’s motion to proceed without
prepayment of fees. See 28 U.S.C. § 1915(a); Gibson v. R.G. Smith Co., 915 F.2d
260, 262 (6th Cir. 1990).
Once a court grants a plaintiff permission to proceed in forma pauperis, it
must review the complaint pursuant to 28 U.S.C. § 1915(e). The court “shall
dismiss” the case if the court finds that it is “(i) 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). In
addition, “[i]f the court determines at any time that it lacks subject-matter
jurisdiction, the court must dismiss the action.” Fed. R. Civ. P. 12(h)(3).
Plaintiff’s complaint, in which he claims to be married to Britney Spears and
that Bill Gates, Alexander Graham Bell, and Andrew Carnegie stole his inventions,
is implausible and frivolous. Further, to the extent Plaintiff complains about
proceedings in state court, this court lacks jurisdiction over such matters. See
Rowe v. City of Detroit, 234 F.3d 1269, 2000 WL 1679474 (6th Cir. 2000) (“The
Rooker-Feldman doctrine provides that federal district courts generally lack
jurisdiction to review and determine the validity of state court judgments, even in
the face of allegations that ‘the state court’s action was unconstitutional.’”).
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s complaint is
DISMISSED.
s/John Corbett O’Meara
United States District Judge
Date: January 10, 2017
I hereby certify that a copy of the foregoing document was served upon the parties of
record on this date, January 10, 2017, using the ECF system and/or ordinary mail.

s/William Barkholz
Case Manager

-2-