Price v. Smith

Filing 4

Memorandum Opinion and Order dismissing this matter pursuant to 28 U.S.C. Section 1915(e). An appeal from this decision could not be taken in good faith. Signed by Judge John R. Adams on 5/18/07.(K,C)

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Price v. Smith Doc. 4 Case 1:07-cv-01393-JRA Document 4 Filed 05/18/2007 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO OLIVER PRICE, (# A179-983) Plaintiff, v. GERI M. SMITH, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:07 CV 1393 JUDGE JOHN R. ADAMS MEMORANDUM OF OPINION On May 14, 2007, plaintiff pro se Oliver Price filed this action against United States District Court Clerk of Court Geri M. Smith. The complaint asserts a violation of "due process per Federal Rules 4(A), 4.1(A) that the summons be issued forthwith upon the defendant." The claim refers to a recent case filed by the same plaintiff, Case No. 1:07 CV 801, which was summarily dismissed by Judge Ann Aldrich on April 2, 2007. For the reasons stated below, this action will be dismissed pursuant to 28 U.S.C. 1915(e). A district court is expressly required to dismiss any civil action filed by a prisoner seeking relief from a governmental officer or entity, as soon as possible after docketing, if the Case 1:07-cv-01393-JRA Document 4 Filed 05/18/2007 Page 2 of 2 court concludes that the complaint fails to state a claim upon which relief may be granted, or if the plaintiff seeks monetary relief from a defendant who is immune from such claim. 28 U.S.C. 1915A; Siller v. Dean, No. 99-5323, 2000 WL 145167, at *2 (6th Cir. Feb. 1, 2000) As a threshold matter, neither of the rules cited by plaintiff requires the Clerk to issue summonses forthwith. This court assumes plaintiff is referring to the corresponding rules found in the Ohio Rules of Civil Procedure, which do not apply to the federal courts. Further, 28 U.S.C. 1915(e)(2) and 28 U.S.C. 1915A explicitly provide for screening prisoner and/or in forma pauperis complaints prior to service of process. See also, McGore v. Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997). Accordingly, this action will be dismissed under 1915A. Further, the court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an appeal from this decision could not be taken in good faith. IT IS SO ORDERED. Dated: May 18, 2007 /s/ John R. Adams JOHN R. ADAMS UNITED STATES DISTRICT JUDGE 2

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