United States District Court, Eastern District of Michigan, Southern Division
ORDER DISMISSING COMPLAINT
ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE
Plaintiff Emmanuel Wylie filed a Complaint against the United States on December 9, 2014. (Dkt. # 1.) The Complaint is incomprehensible, containing various unintelligible assertions regarding UCC Financing Statements and an unrelated criminal matter in the state of Michigan where Plaintiff pled guilty to Attempted Carrying of a Concealed Weapon and was sentenced to a term of probation on August 28, 2014.
Generally, courts may not sua sponte dismiss a complaint where the filing fee has paid unless the court gives the plaintiff the opportunity to amend it. Tingler v. Marshall, 716 F.2d 1109, 1111–12 (6th Cir. 1983). However, a court may dismiss a complaint even when a filing fee has been paid “for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure when the allegations of a complaint are totally implausible, attenuated, unsubstantial, frivolous, devoid of merit, or no longer open to discussion.” Apple v. Glenn, 183 F.3d 477, 479 (6th Cir.1999); see also Neitzke v. Williams, 490 U.S. 319, 327 n. 6 (1989) (“A patently insubstantial complaint may be dismissed, for example, for want of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1).”).
Plaintiff’s indecipherable complaint meets this standard. It is frivolous and ...