Harris v. Publishers Clearing House et al

Filing 9

ORDER: Because the plaintiff is proceeding in forma pauperis in this case, the court must screen the complaint pursuant to 28 U.S.C. § 1915(e)(2). The court has reviewed the complaint and, for the reasons explained more fully in the memorandu m entered contemporaneously herewith, finds that the complaint fails to state claims upon which relief can be granted under federal law. 28 U.S.C. § 1915(e)(2). The plaintiff's federal claims are hereby DISMISSED WITH PREJUDICE. The cour t declines to exercise supplemental over the plaintiff's state law claims. Those claims are hereby DISMISSED WITHOUT PREJUDICE to the plaintiff's ability to pursue those claims in an appropriate court. Signed by Senior Judge John T. Nixon on 4/6/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
DAVID MICHAEL HARRIS,

)
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Plaintiff,
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v.
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PUBLISHERS CLEARING HOUSE, et al., )
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Defendants.
)

No. 3:15-cv-01528
Senior Judge Nixon

ORDER
Plaintiff David Michael Harris, a resident of Nashville, Tennessee, brings this pro se action
against sweepstakes sponsor Publishers Clearing House and several of its executives and employees,
alleging fraud and deceptive mail claims based on his belief that he had won a large monetary prize.
(Docket No. 1). The plaintiff seeks any prize money that is due him. (Id. at p. 3).
The plaintiff has filed an application to proceed in forma pauperis. (Docket No. 2). A
review of the application shows that the plaintiff has insufficient financial resources to pay the filing
fee in this action. Therefore, the plaintiff’s application is GRANTED, and the Clerk shall file the
complaint in forma pauperis. 28 U.S.C. § 1915(a). However, process shall not issue.
Because the plaintiff is proceeding in forma pauperis in this case, the court must screen the
complaint pursuant to 28 U.S.C. § 1915(e)(2). The court has reviewed the complaint and, for the
reasons explained more fully in the memorandum entered contemporaneously herewith, finds that
the complaint fails to state claims upon which relief can be granted under federal law. 28 U.S.C.
§ 1915(e)(2). The plaintiff’s federal claims are hereby DISMISSED WITH PREJUDICE.
The court declines to exercise supplemental over the plaintiff’s state law claims. Those
claims are hereby DISMISSED WITHOUT PREJUDICE to the plaintiff’s ability to pursue those
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claims in an appropriate court.
Because an appeal would NOT be taken in good faith, the plaintiff is NOT certified to
appeal the judgment of the court in forma pauperis. 28 U.S.C. § 1915(a)(3).
This order constitutes final judgment in this action.
It is so ORDERED.
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John T. Nixon
Senior United States District Judge

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