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Fairchild v. Fairchild

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

September 10, 2019

Elizabeth A. Fairchild, Plaintiff,
v.
Larry Dean Fairchild, Defendant.

          Mag. J. Stephanie Dawkins Davis

          OPINION AND ORDER OF SUMMARY DISMISSAL

          JUDITH E. LEVY United States District Judge

         Plaintiff Elizabeth Fairchild's civil rights complaint under 42 U.S.C. § 1983 is before the Court for initial screening. Under 28 U.S.C. §§ 1915A and 1915(e) and 42 U.S.C. § 1997e(c)(1), the Court is required to dismiss the case before service on defendants if it determines that the action is frivolous or malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune from such relief.

         Having made such a finding, the Court will dismiss the complaint.

         I. Plaintiff's Pleadings

         On June 12, 2019, plaintiff simultaneously filed a Complaint (ECF No. 1) and an Addendum (ECF No. 2). Approximately a month later, plaintiff supplemented her pleadings with Documents (ECF No. 8) and Exhibits (ECF No. 10). Fairchild's caption includes only Larry D. Fairchild as a named defendant. Her pleadings, sometimes difficult to read and understand, name several other individuals and entities and numerous potential claims. The Court will attempt to summarize those persons and claims.

         Persons against whom specific claims are alleged:

         Calhoun County Judge Tina Yost Johnson “has violated the United States Takings Clause” (ECF No. 1, PageID.3.);

• The State Bar of Michigan took actions “in reference to Canada Territories in violation of the International Treaty Geneva Convention” (id. at PageID.4.) and with “the tribunal” may have taken actions “related to homosexuality [and] police abuse (ECF No. 2, PageID.10.);
• The Calhoun County Clerk “refus[ed] to file” (an unnamed document or pleading), as directed by the Chief Judge of the county (ECF No. 8, PageID.28.);
• Sheriffs Deputy Everett committed a civil rights violation, “‘chain injury' transport negligence” (ECF No. 10, PageID.68.); Persons named but against whom no allegations are made:
• Calhoun County Judge Jaconette (ECF No. 1, PageID.2.);
•Joan Yukins of the Michigan Department of Corrections (Id. at PageID.3.);
• Larry D. Fairchild (Caption.);

         Similarly, plaintiff states that she has “served” the following entities or individuals, although she cites no claims against them: the Sheriff, the Administration of the Courthouse, President Donald Trump, United States Supreme Court Justice Anthony Kennedy, General ...


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