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TIMOTHY LAMAR ROBINSON v. HONORABLE JANET T. NEFF KENNETH MCKEE

November 29, 2010

TIMOTHY LAMAR ROBINSON, PLAINTIFF,
v.
HONORABLE JANET T. NEFF KENNETH MCKEE, DEFENDANT.



The opinion of the court was delivered by: Janet T. Neff United States District Judge

OPINION

This is an action brought by a state prisoner ostensibly pursuant to the Court's admiralty and maritime jurisdiction under 28 U.S.C. § 1333(1). The action initially was filed in the Eastern District of Michigan and was transferred to this Court on October 5, 2010. Under the Prison Litigation Reform Act, PUB. L. NO. 104-134, 110 STAT. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant immune from such relief. 28 U.S.C. §§ 1915(e) and 1915A. The Court must read Plaintiff's pro se complaint indulgently, see Haines v. Kerner, 404 U.S. 519, 520 (1972), and accept Plaintiff's allegations as true, unless they are clearly irrational or wholly incredible. Denton v. Hernandez, 504 U.S. 25, 33 (1992). Applying these standards, Plaintiff's action will be dismissed as frivolous.

Discussion

Plaintiff Timothy Lamar Robinson presently is incarcerated at the Bellamy Creek Correctional Facility. He currently is serving a prison term of 12 to 25 years, imposed by the Ingham County Circuit Court on May 21, 2010, after Plaintiff pleaded nolo contendere to armed robbery. Plaintiff's initial pleading is entitled "Brief in Support of Motion for Immediate Release From Custody." He contends that he is entitled to immediate release from prison because the Ingham County Circuit Court lacked jurisdiction over his criminal case. Plaintiff states in part:

TIMOTHY LAMAR ROBINSON-EL/ALLEGED DEFENDANT, HAS DEMONSTRATED BY A PREPONDERANCE OF THE EVIDENCE REGARDING THE JURISDICTIONAL ISSUE, WHETHER STATED INPERSONAM, SUBJECT MATTER, COMMON LAW OR ADMIRALTY THAT THE THIRTIETH CIRCUIT COURT NEVER HAD JURISDICTION OVER TIMOTHY LAMAR ROBINSON-EL, NOR CAN ANY ...


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