Opinion
CASE NO. 1:07 CV 2486.
August 23, 2007
MEMORANDUM OF OPINION AND ORDER
On August 16, 2007, plaintiff pro se Jonathan Lee Riches filed the above-captioned action against Lebron James, Michael Vick, Wayne Gretzky, Michael Jordan, Joe Montana, Tony Montana, Mickey Mantle and Allen Iverson. For the reasons stated below, this action is dismissed.
The court takes notice that Mickey Mantle is, unfortunately, deceased, and that "Tony Montana" is a fictional film character.
The complaint does not contain coherent, intelligible claims for relief. A finding of frivolousness is appropriate "when the facts alleged rise to the level of the irrational or wholly incredible . . ." Denton v. Hernandez, 504 U.S. 25 (1992). Even liberally construed, the complaint does not set forth allegations reasonably suggesting plaintiff might have a valid federal claim. This action is therefore appropriately subject to summary dismissal. Apple v. Glenn, 183 F.3d 477 (6th Cir. 1999); see Hagans v. Lavine, 415 U.S. 528, 536-37 (1974) (citing numerous Supreme Court cases for the proposition that attenuated or unsubstantial claims divest the district court of jurisdiction);In re Bendectin Litig., 857 F.2d 290, 300 (6th Cir. 1988) (recognizing that federal question jurisdiction is divested by unsubstantial claims).
Accordingly, this action is dismissed. Further, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith.
IT IS SO ORDERED.