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Coleman v. Snyder

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

March 2, 2017

DEONDRE COLEMAN, Plaintiff,
v.
SNYDER, SCHUETTE, H. WASHINGTON, L. BROOKS PATTERSON, MARK HACKEL, MAYOR OF TROY, MAYOR OF WARREN, TROY CHIEF OF POLICE, WARREN CHIEF OF POLICE and TROY OFFICER HARRISON, Defendants.

          Magistrate Judge, David R. Grand

          ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, OVERRULING PLAINTIFF'S OBJECTIONS, DENYING CERTAIN MOTIONS, AND DISMISSING CASE

          DAVID M. LAWSON, UNITED STATES DISTRICT JUDGE

         Plaintiff Deondre Lamont Coleman, also known as Thomas Allen Hale, Jr., is a prisoner in the custody of the Michigan Department of Corrections. He filed the present action seeking a “Writ of Audita Querela” under 28 U.S.C. § 1651 (the All Writs Act) against defendants Governor Rick Snyder, Attorney General Bill Schuette, Michigan Department of Corrections (MDOC) Director H. Washington, Oakland County Executive L. Brooks Patterson, Macomb County Executive Mark Hackel, the “Mayor of Troy, ” the “Mayor of Warren, ” the “Troy Chief of Police, ” the “Warren Chief of Police, ” and “Troy Officer Harrison.” In a complaint that is difficult to decipher, he alleges that the defendants have deprived him of his name without a hearing, and he wants an order requiring his records to reflect that he should be known as Thomas Allen Hale, Jr.

         The Court referred this case to Magistrate Judge David R. Grand for pretrial management. On March 29, 2016, Judge Grand filed a report recommending that the Court dismiss the case on its own motion after he completed the screening required by 28 U.S.C. § 1915(e)(2)(B). The plaintiff, who had been granted pauper status, filed timely objections. The plaintiff has filed other documents as well, which are discussed below.

         I.

         As the magistrate judge explained in his report, the plaintiff was convicted of theft crimes in the Oakland County, Michigan circuit court and sentenced to a prison term. He was prosecuted under the name of Deondre Lamont Coleman, but at some point in those proceedings he filed a motion for an order changing his name to Thomas Allen Hale, Jr. The state court judge denied that motion. Thereafter, Coleman filed the present lawsuit. He sought permission to proceed in forma pauperis, and was allowed to do so.

         II.

         Congress mandated that the Court screen for colorable merit every complaint filed when the plaintiff has been relieved of paying the filing fee in advance under 28 U.S.C. § 1915(a). Benson v. O'Brian, 179 F.3d 1014, 1016 (6th Cir. 1999) (citing 28 U.S.C. § 1915(e)(2)). The screening statute that applies to cases in which the plaintiff is proceeding in forma pauperis, 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 ...

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