Brown v. Bradford

Filing 8

Opinion and Order signed by Judge James S. Gwin on 10/22/12 that the complaint be dismissed for lack of jurisdiction. (Related Doc. 1 ) (M,G)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
GREGORY G. BROWN,
Plaintiff,
v.
TERRY H. BRADFORD,
Defendant.

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CASE NO. 4:12 CV 1399
JUDGE JAMES S. GWIN
MEMORANDUM OF OPINION
AND ORDER

On June 4, 2012, plaintiff pro se Gregory G. Brown, an inmate at the Northeast Ohio
Correctional Center (NOCC), filed this in forma pauperis action against fellow NOCC inmate Terry
H. Bradford. Plaintiff, who states he is not subject to the criminal or civil laws of the United States,
asserts jurisdiction based on the International Covenant on Civil and Political Rights. He alleges
Bradford made a false accusation against him, and that plaintiff was consequently relocated to a cell
block from which “inmates are not allowed to walk to the dining hall like inmates of all the other
blocks.” Complaint, p.3.
Although pro se pleadings are liberally construed, Boag v. MacDougall, 454 U.S. 364, 365
(1982) (per curiam); Haines v. Kerner, 404 U.S. 519, 520 (1972), the district court is required to
dismiss an action under 28 U.S.C. § 1915(e) if it fails to state a claim upon which relief can be
granted, or if it lacks an arguable basis in law or fact. Neitzke v. Williams, 490 U.S. 319 (1989);
Lawler v. Marshall, 898 F.2d 1196 (6th Cir. 1990); Sistrunk v. City of Strongsville, 99 F.3d 194,
197 (6th Cir. 1996).

The International Covenant on Civil and Political Rights does not serve as a basis for this
court’s jurisdiction. See, e.g., Sosa v. Alvarez-Machain, 542 U.S. 692, 728, 734 (2004). Further,
there is no suggestion of a valid diversity of citizenship cause of action, nor is a federal statute
implicated by plaintiff’s claim. This action is therefore appropriately subject to summary dismissal
for lack of jurisdiction.. Lowe v. Hustetler, No. 89-5996, 1990 WL 66822 (6th Cir. May 21, 1990).
Accordingly, this action is dismissed under section 1915(e). 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: October 22, 2012

s/ James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

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