Miller v. Franks et al
Memorandum Opinion and Order. The Complaint 1 is dismissed with prejudice, and an associated Motion is denied as moot 3 . This Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an appeal could not be taken from this Order of Dismissal in good faith. Judge Jack Zouhary on 5/9/2014. (D,L)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
Thomas S. Miller,
Case No. 3:14 CV 268
-vsJUDGE JACK ZOUHARY
Ruth Ann Franks, et al.,
Plaintiff’s Motion to Proceed in forma pauperis (Doc. 2) is granted.
Though pro se filings are liberally construed, Boag v. MacDougall, 454 U.S. 364, 365 (1982)
(per curiam), this Court must dismiss an in forma pauperis action under 28 U.S.C. §1915(e) if it lacks
an arguable basis in law or fact. See McGore v. Wrigglesworth, 114 F.3d 601, 608–09 (6th Cir. 1997).
Thus, Plaintiff Thomas Miller’s “Civil COMPLAINT for Illegal Wrongful Imprisonment via Fraud
& via Malice & Willful, violations of Plaintiff’s U.S. Republic Constitutional Rights” (Doc. 1) must
No purpose would be served by reciting in detail the allegations contained in Plaintiff’s
Complaint. In short verse, Plaintiff sues various Ohio officials for deprivation of his federal
constitutional rights, on the theory that the state officials involved in his conviction for various statelaw criminal offenses participated in fraudulent proceedings. Plaintiff alleges, for example, an Ohio
court that convicted him lacked subject-matter jurisdiction because “ALL LAWS, TODAY IN
AMERICA, ARE COPYRIGHTED ‘FOREIGN PROPERTY OF THE BRITISH” -- apparently
making these laws the property of private British citizens and insufficient to support a criminal
conviction in an Ohio court (Doc. 1 at 3, 5). These and other allegations contained in the Complaint
are clearly baseless. Neitzke v. Williams, 490 U.S. 319, 327 (1989).
The Complaint (Doc. 1) is dismissed with prejudice, and an associated Motion is denied as
moot (Doc. 3). This Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal could not be
taken from this Order of Dismissal in good faith.
IT IS SO ORDERED.
s/ Jack Zouhary
U. S. DISTRICT JUDGE
May 9, 2014
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?