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Short v. United States

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

January 10, 2017

BRIAN J. SHORT, Plaintiff,
v.
UNITED STATES, et al., Defendant.

          ORDER DISMISSING COMPLAINT

          John Corbett O'Meara United States District Judge

         Using the case number for a previously closed case, Plaintiff has filed a complaint against the United States, Andrew Carnegie, Bill Gates, Havenwyk Hospital, and the Garden City Police Department. Plaintiff seeks to proceed in forma pauperis.

         The court finds Plaintiff's application to proceed in forma pauperis to be facially sufficient and, therefore, grants Plaintiff's motion to proceed without prepayment of fees. See 28 U.S.C. § 1915(a); Gibson v. R.G. Smith Co., 915 F.2d 260, 262 (6th Cir. 1990).

         Once a court grants a plaintiff permission to proceed in forma pauperis, it must review the complaint pursuant to 28 U.S.C. § 1915(e). The court “shall dismiss” the case if the court finds that it is “(i) 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.” 28 U.S.C. § 1915(e)(2)(B). In addition, “[i]f the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.” Fed.R.Civ.P. 12(h)(3).

         Plaintiff's complaint, in which he claims to be married to Britney Spears and that Bill Gates, Alexander Graham Bell, and Andrew Carnegie stole his inventions, is implausible and frivolous. Further, to the extent Plaintiff complains about proceedings in state court, this court lacks jurisdiction over such matters. See Rowe v. City of Detroit, 234 F.3d 1269, 2000 WL 1679474 (6th Cir. 2000) (“The Rooker-Feldman doctrine provides that federal district courts generally lack jurisdiction to review and determine ...


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