Opinion
Civil Action 2:08-CV-928.
August 4, 2009
ORDER and REPORT AND RECOMMENDATION
Plaintiff Delores Johnson and Alan Williams seek to bring an action in this Court without prepayment of fees or costs. 28 U.S.C. § 1915(a). That motion is GRANTED. All judicial officers who render services in this action shall do so as if the costs had been prepaid. However, having performed the initial screen of the complaint required by 28 U.S.C. § 1915(e), the Court concludes that it lacks subject matter jurisdiction; the Court concludes, alternatively, that the complaint fails to state a claim for relief. It is therefore RECOMMENDED that the action be dismissed.
Plaintiffs allege in their complaint that "[f]raud has been committed by the Defendants in the court of common pleas — juvenile and civil courts." Complaint, Doc. No. 1-3, p. 2. The complaint asserts state law claims of fraud on the court, defamation of character, slander and libel, retaliation, conspiracy and tampering with witnesses. Id. pp. 3-4.
The complaint does not allege facts that appear to give rise to a claim arising under federal law. Moreover, all parties appear to be residents of the State of Ohio. There is therefore no basis for the exercise of this Court's jurisdiction. See 28 U.S.C. §§ 1331, 1332.
Furthermore, the complaint refers to events that are alleged to have occurred in the year 2003. Doc. No. 1-3, p. 2. Civil rights claims under 42 U.S.C. § 1983 must be initiated, in Ohio, within two (2) years of the date that the cause of action arose. Browning v. Pendleton, 869 F.2d 989 (6th Cir. 1989). Because the complaint in this action was not submitted for filing until October 2008, any federal civil rights claims asserted therein would be untimely.
Accordingly, it is RECOMMENDED that this action be DISMISSED for lack of subject matter jurisdiction or, alternatively, for failure to state a claim upon which relief can be granted.
If any party seeks review by the District Judge of this Report and Recommendation, that party may, within ten (10) days, file and serve on all parties objections to the Report and Recommendation, specifically designating this Report and Recommendation, and the part thereof in question, as well as the basis for objection thereto. 28 U.S.C. § 636(b)(1); F.R. Civ. P. 72(b). Response to objections must be filed within ten (10) days after being served with a copy thereof. F.R. Civ. P. 72(b).
The parties are specifically advised that failure to object to the Report and Recommendation will result in a waiver of the right to de novo review by the District Judge and of the right to appeal the decision of the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Federation of Teachers, Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).