United States District Court, E.D. Michigan, Southern Division
OPINION & ORDER OF SUMMARY DISMISSAL
D. BORMAN UNITED STATES DISTRICT JUDGE.
Falconer, (“Plaintiff”), presently confined at
the Richard A. Handlon Correctional Facility in Ionia,
Michigan, has filed a civil rights complaint. For the reasons
stated below, the complaint is DISMISSED FOR BEING FRIVOLOUS
AND FOR FAILING TO STATE A CLAIM UPON WHICH RELIEF CAN BE
STATEMENT OF FACTS
pleadings are two hundred and twenty pages, including
numerous exhibits and attachments. Plaintiff sues the United
States Government, the Attorney General for the United
States, President Donald J. Trump, the Michigan Attorney
General, Governor Gretchen Whitmer of the State of Michigan,
the head of the Michigan Parole Board, and several prison
staff members whom he identifies only as John or Jane Does.
Plaintiff's complaint is lengthy and rambling but the
main gist of plaintiff's complaint is that he is Jesus
Christ or the Christian Messiah. Plaintiff claims that as the
Messiah he is being wrongly detained by the Michigan
Department of Corrections. Plaintiff also claims that while
incarcerated at the Handlon Correctional Facility he was
assaulted, handcuffed, and shot multiple times by an officer
whose name is illegible. Plaintiff further claims that he was
assaulted by “Roman Catholic soldiers” who
accused plaintiff of blasphemy for claiming to be Jesus.
Plaintiff further claims he was improperly placed in suicide
watch so that people could look at him while he was naked
“so I would know homosexuality was Roman Catholic
law.” Plaintiff claims that he was robbed, molested,
and involuntarily medicated. (ECF No. 1, PgID 10-12).
STANDARD OF REVIEW
has been allowed to proceed without prepayment of fees.
See 28 § U.S.C. 1915(a); McGore v.
Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997).
However, 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;
(iii) seeks monetary relief against a defendant who is immune
from such relief.
A complaint is frivolous if it lacks an arguable basis in law
or fact. Neitzke v.
Williams, 490 U.S. 319, 325 (1989). See also
Denton v. Hernandez, 504 U.S. 25, 32 (1992). A complaint
lacks an arguable basis in law or fact if it contains factual
allegations that are “fantastic or delusional, ”
or if it is based on legal theories that are indisputably
meritless. See Brown v. Bargery, 207 F.3d 863, 866
(6th Cir. 2000) (citing Neitzke, 490 U.S. at
327-28); see also Lawler v. Marshall, 898 F.2d 1196,
1198-99 (6th Cir. 1990). Sua sponte dismissal is
appropriate if the complaint lacks an arguable basis when
filed. McGore, 114 F.3d at 612; Goodell v.
Anthony,157 F.Supp.2d 796, 799 (E.D. Mich. 2001). A
federal court is permitted to consider any prison grievances
and responses to those grievances that are attached to and
incorporated in a pro se prisoner complaint in
determining whether or not the case is subject to summary
dismissal under 28 U.S.C. §§ 1915(e)(2) and
1915A(b) for failing to state a claim upon which relief can
be granted. See, e.g.,White v. Caruso, 39
Fed.Appx. 75, 78 (6th Cir. 2002). Courts are also permitted
to review other ...