United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER SUMMARILY DISMISSING THE CIVIL
RIGHTS COMPLAINT AND DENYING THE MOTION TO VACATE THE ORDER
VICTORIA A. ROBERTS, UNITED STATES DISTRICT JUDGE
the Court is Plaintiff Vernon Marcus Coleman's pro
se civil rights complaint. Plaintiff is a federal inmate
incarcerated at the Federal Correctional Institution in
Jesup, Georgia. The original and amended complaints are
Dismissed without prejudice for failing to state a
claim upon which relief can be granted. The Court denies
Plaintiff's motion to vacate the order of
Standard of Review
Plaintiff was 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.
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). 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).
complaint “does not need detailed factual allegations,
” the “[f]actual allegations must be enough to
raise a right to relief above the speculative level on the
assumption that all the allegations in the complaint are true
(even if doubtful in fact).” Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555 (2007)(footnote and citations
omitted). Stated differently, “a complaint must contain
sufficient factual matter, accepted as true, ‘to state
a claim to relief that is plausible on its face.'”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(quoting
Twombly, 550 U.S. at 570). “A claim has facial
plausibility when the plaintiff pleads factual content that
allows the court to draw the reasonable inference that the
defendant is liable for the misconduct alleged.”
Id. (citing Twombly, 550 U.S. at 556).
in his original and amended complaints alleges that Defendant
Christopher Bennett is a police officer with the Wayne County
Airport Police Department. Plaintiff alleges that Defendant
Bennett conspired with the Northville Forensic Laboratory and
Defendant Patel, a laboratory employee, to falsify a forensic
report that bath salts seized from Plaintiff contained an
illegal controlled substance. Plaintiff claims the ...