United States District Court, W.D. Michigan, Southern Division
J. QUIST UNITED STATES DISTRICT JUDGE
an action seeking a writ of mandamus under 28 U.S.C.
§1361 brought by a state prisoner. Under the Prison
Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321
(1996) (PLRA), the Court is required to dismiss any prisoner
action brought under federal law if the complaint is
frivolous, malicious, fails to state a claim upon which
relief can be granted, or seeks monetary relief from a
defendant immune from such relief. 28 U.S.C. §§
1915(e)(2) and 1915A. The Court must read Plaintiff's
pro se complaint indulgently, see Haines v.
Kerner, 404 U.S. 519, 520 (1972), and accept
Plaintiff's allegations as true, unless they are clearly
irrational or wholly incredible. Denton v.
Hernandez, 504 U.S. 25, 33 (1992). Applying these
standards, the Court will dismiss Plaintiff's complaint
as frivolous and for failure to state a claim.
is presently incarcerated with the Michigan Department of
Corrections (MDOC) at the Richard A. Handlon Correctional
Facility (MTU) in Ionia, Michigan. Plaintiff is serving a
life sentence for a bank robbery committed in 1981. Plaintiff
alleges that he has been diagnosed as a paranoid
schizophrenic. (Compl., ECF No. 1, PageID.6.)
complaint is not a model of clarity and it is a far cry from
being a “short and plain statement of the claim showing
that the pleader is entitled to relief” as required by
Federal Rule of Civil Procedure 8(a)(2). Plaintiff's
allegations simply ramble from topic to topic without ever
identifying what relief he is seeking or from whom he is
seeking it. Plaintiff's affidavit (ECF No. 7), filed in
support of his request for leave to proceed in forma
pauperis, contains the following list of issues covered
in the complaint:
1. Whether the government is to be treated as though it were
a prosecutor, plaintiff or defendant.
2. Authority for legal proceedings Commission, oath and
salary of a special assistant or attorney.
3. Indian country exclusive jurisdiction.
4. Equal Protection Clause of the 14th Amend.
5. Job Corps Veteran Benefits.
6. Fed Juvenile Delinquency Act.
7. Youth Corrections Act no benefit finding.
8. Mich. affirmed bank robbery life ...