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Coleman v. Northville Forensic Laboratory Bennett

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

June 11, 2019

VERNON MARCUS COLEMAN, Plaintiff,
v.
NORTHVILLE FORENSIC LABORATORY CHRISTOPHER BENNETT, and ILA PATEL, et. al. Defendants,

          OPINION AND ORDER SUMMARILY DISMISSING THE CIVIL RIGHTS COMPLAINT AND DENYING THE MOTION TO VACATE THE ORDER OF REASSIGNMENT

          HON. VICTORIA A. ROBERTS, UNITED STATES DISTRICT JUDGE

         I. Introduction

         Before 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 reassignment.

         II. 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; 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). 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).

         While a 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).

         III. The complaint

         Plaintiff 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 ...


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