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Knox v. Unknown Party

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

May 25, 2018

REGINALD KNOX, Plaintiff,
v.
UNKNOWN PARTY et al., Defendants.

          OPINION

          GORDON J. QUIST UNITED STATES DISTRICT JUDGE

         This is 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.

         Discussion

         I. Factual allegations

         Plaintiff 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.)

         Plaintiff's 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 ...

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