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Brosch v. Pope-Starnes

United States District Court, E.D. Michigan, Southern Division

April 16, 2015

TRACEY BROSCH, Plaintiff,
v.
SARA POPE-STARNES, et. al., Defendants,

OPINION AND ORDER OF SUMMARY DISMISSAL

VICTORIA A. ROBERTS, District Judge.

I. Introduction

Before the Court is Plaintiff Tracey Brosch's pro se civil rights complaint filed pursuant to 42 U.S.C.§ 1983. Plaintiff is a state prisoner confined at the Huron Valley Women's Correctional Facility in Ypsilanti, Michigan. For the reasons that follow, the complaint is DISMISSED WITHOUT PREJUDICE.

II. Standard of Review

Plaintiff was allowed to proceed without prepayment of fees. See 28 § U.S.C. 1915(a); McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997). However, 28 U.S.C. § 1915(e)(2)(B) states:

Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that:
(B) the action or appeal:
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune from such relief.

A complaint is frivolous if it lacks an arguable basis in law or fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); see also Denton v. Hernandez, 504 U.S. 25, 32 (1992). Sua sponte dismissal is appropriate if the complaint lacks an arguable basis when filed. McGore, 114 F.3d at 612; Goodell v. Anthony, 157 F.Supp.2d 796, 799 (E.D. Mich. 2001).

To establish a prima facie case under 42 U.S.C. § 1983, a civil rights plaintiff must establish that: (1) the defendant acted under color of state law; and (2) the offending conduct deprived the plaintiff of rights secured by federal law. Bloch v. Ribar, 156 F.3d 673, 677 (6th Cir. 1998)(citing Parratt v. Taylor, 451 U.S. 527, 535 (1981)). "If a plaintiff fails to make a showing on any essential element of a § 1983 claim, it must fail." Redding v. St. Eward, 241 F.3d 530, 532 (6th Cir. 2001).

III. Complaint

Plaintiff was convicted of first and second-degree child abuse in the Oakland County Circuit Court. Plaintiff claims that she was denied a fair trial due to the "pervasive" and "prejudicial misconduct of defendant Sara Pope-Starnes, an assistant prosecutor. Plaintiff also sues David R. Grocyka, the former Oakland County ...


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