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Carter v. State

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

May 3, 2017

THOMAS TYRONE CARTER, Plaintiff,
v.
STATE OF MICHIGAN, Defendant.

          ORDER OF SUMMARY DISMISSAL

          TERRENCE G. BERG UNITED STATES DISTRICT JUDGE

         Plaintiff Thomas Tyrone Carter, a state inmate incarcerated at the Carson City Correctional Facility in Carson City, Michigan, has filed a pro se civil complaint. Dkt. 1. The Court granted Plaintiff's application to proceed in forma pauperis, and he is proceeding without prepayment of the filing fee in this action under 28 U.S.C. § 1915(a)(1). After careful consideration, the Court summarily dismisses the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B).

         I. BACKGROUND

         According to the Michigan Department of Corrections website, Plaintiff is incarcerated as a result of his 2008 Wayne Circuit Court convictions for criminal sexual conduct offenses, for which he serving a sentence of 25 to 50 years.[1]

         The complaint before the Court names “The People of the State of Michigan” as defendant. The pleading is labeled: “In the Nature of Interpleading Third Party Notice to Challenge Constitutionality of State Statute.” The complaint contains no specific factual allegations, but is rather a series of short numbered paragraphs, each posing a question along the lines of: “did the application of [such and such a law] violate petitioner's rights [in a certain way]?” Reframing Petitioner's questions as affirmative claims, they would state as follows:

■ The application of Michigan's unlawful imprisonment and criminal sexual conduct statutes (Mich. Comp. Laws §§ 750.349, 750.520(b) and (c)) denied Petitioner his right to enforce contracts.
■ The application of Michigan's unlawful imprisonment and criminal sexual conduct statutes (Mich. Comp. Laws §§ 750.349, 750.520(b) and (c)) violated Petitioners rights under Article I §§ 17 and 20, and Article IV §§ 23 and 24 of the Michigan Constitution.
■ The application of Michigan's unlawful imprisonment and criminal sexual conduct statutes (Mich. Comp. Laws §§ 750.349, 750.520(b) and (c)) violated Plaintiffs due process rights under the Fifth and Fourteenth Amendments to the U.S. Constitution.
■ The application of Michigan's unlawful imprisonment and criminal sexual conduct statutes (Mich. Comp. Laws §§ 750.349, 750.520(b) and (c)) deprived the trial court of subject matter jurisdiction.
■ Michigan's unlawful imprisonment and criminal sexual conduct statutes (Mich. Comp. Laws §§ 750.349, 750.520(b) and (c)) are vague and ambiguous.
■ The application of Michigan's unlawful imprisonment and criminal sexual conduct statutes (Mich. Comp. Laws §§ 750.349, 750.520(b) and (c)) violated the Michigan Constitution.
■ The application of Michigan's unlawful imprisonment and criminal sexual conduct statutes (Mich. Comp. Laws §§ 750.349, 750.520(b) and (c)) violated Petitioner's due process rights.
■ The application of Michigan's unlawful imprisonment and criminal sexual conduct statutes (Mich. Comp. Laws §§ 750.349, 750.520(b) and (c)) violated Petitioner's right to be secure in his effects.
■ The application of Michigan's unlawful imprisonment and criminal sexual conduct statutes (Mich. Comp. Laws §§ 750.349, 750.520(b) and (c)) violated Petitioner's right to be ...

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