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)

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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-

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