Opinion
CIVIL NO. 1:08-CV-00403.
March 10, 2008
REPORT AND RECOMMENDATION
On March 4, 2008, the petitioner commenced this action by filing a document entitled "Entry of Judgment by Way of Praecipe." The petitioner also filed an application to proceed in forma pauperis. The petitioner indicates in his application to proceed in forma pauperis that he was just released from prison on March 4, 2008.
The petitioner is seeking a judgment against the respondents in the amount of $50,000,000.00. He cites to the Uniform Commercial Code and he appears to be claiming that the respondents defaulted on a security agreement.
"The abusive practice of prisoners filing baseless liens and/or UCC financing statements for the purpose of harassment and credit impairment of the alleged debtor (almost always a state or federal official involved with securing the prisoner's incarceration) is well documented." Hudson v. Caruso, No. 1:05-CV-32, 2007 WL 2363308 at *5 (W.D. Mich. Aug. 16, 2007) (citing cases).
Although the petitioner's filings are unclear, it is clear that this action is frivolous and malicious. Accordingly, it will be recommended that the action be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). Moreover, this court does not have subject matter jurisdiction in this case. Thus, it will also be recommended that this action be dismissed pursuant to Fed.R.Civ.P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.").
Based on the foregoing, it is recommended that this action be dismissed for lack of subject-matter jurisdiction and because the action is frivolous and malicious.