Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Falconer v. United States Government

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

April 17, 2019

RONDELL FALCONER, a/k/a JESUS CHRIST, Plaintiff,
v.
UNITED STATES GOVERNMENT, et. al., Defendants,

          OPINION & ORDER OF SUMMARY DISMISSAL

          PAUL D. BORMAN UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Rondell 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 GRANTED.

         II. STATEMENT OF FACTS

         Plaintiff's 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).

         III. STANDARD OF REVIEW

         Plaintiff 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; or
(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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.