Rush v. Michigan Sex Offenders Registration Act

Filing 3

ORDER Granting 2 Application to Proceed In Forma Pauperis filed by John Rush; and DISMISSING COMPLAINT with prejudice. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHN RUSH,
Plaintiff,
v.

Case No. 11-11868
Honorable John Corbett O’Meara

MICHIGAN SEX OFFENDERS
REGISTRATION ACT,
Defendant.
_________________________________/

ORDER
Before the Court is Plaintiff’s Complaint, filed April 20, 2011, and his application to
proceed in forma pauperis. Based upon Plaintiff’s representations in his application, the Court
will grant Plaintiff in forma pauperis status.
Pursuant to 28 U.S.C. § 1915(e)(2), the Court must screen Plaintiff’s Complaint to
determine whether this action may properly proceed. The Court may sua sponte dismiss an in
forma pauperis case if it is satisfied that the action is frivolous or if the Complaint fails to state a
claim upon which relief may be granted. See id.; McGore v. Wrigglesworth, 114 F.3d 601, 608609 (6th Cir. 1997). The Supreme Court has defined a “frivolous” action as one that “lacks an
arguable basis in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). In this case,
Plaintiff has not alleged sufficient facts to make out any legally cognizable action over which the
court may have jurisdiction. Accordingly, the Court finds that Plaintiff’s action fails to state a
claim upon which relief may be granted and is frivolous. 

Therefore, IT IS HEREBY ORDERED that Plaintiff’s Complaint is DISMISSED WITH
PREJUDICE.

Date: May 31, 2011

s/John Corbett O’Meara
United States District Judge

I hereby certify that on June 1, 2011 a copy of this order was served upon Plaintiff at
4507 Williams Street, Wayne MI 48184 by first-class U.S. mail.

s/William Barkholz
Case Manager