Lietzke v. Montgomery, City of
ORDER Granting 2 Application to Proceed Without Prepaying Fees or Costs; and DISMISSING 1 Complaint filed by Bill Lietzke, Signed by District Judge John Corbett O'Meara. (WBar)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 17-12920
Hon. John Corbett O’Meara
CITY OF MONTGOMERY and
ORDER GRANTING APPLICATION TO PROCEED
IN FORMA PAUPERIS AND DISMISSING COMPLAINT
Appearing pro se, Plaintiff Bill Lietzke filed a complaint and application to
proceed without prepayment of fees on August 28, 2017. 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).
Plaintiff, who lives in Montgomery, Alabama, has sued the City of
Montgomery and Kevin Murphy for constitutional violations arising out of his
detention by city police officers. Plaintiff has not alleged a basis for this court to
exercise personal jurisdiction over the City of Montgomery, Alabama, or Kevin
Murphy. Nor has Plaintiff alleged that the Eastern District of Michigan is the
proper venue for this action, which appears to involve Alabama residents and
claims that arose in Alabama. See 28 U.S.C. § 1391(b). Because it appears that
Plaintiff’s action is properly brought in Alabama, the court will dismiss Plaintiff’s
complaint without prejudice.
IT IS HEREBY ORDERED that Plaintiff’s complaint is DISMISSED
s/John Corbett O’Meara
United States District Judge
Date: October 17, 2017
I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, October 17, 2017, using the ECF system and/or
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