Opinion
19-mc-50833
09-30-2021
IN RE ERICK MATTHEWS MCKINZIE-BEY, Plaintiff.
ORDER DISMISSING CASE
LINDA V. PARKER, U.S. DISTRICT JUDGE.
Beginning June 3, 2019, Erick Matthews McKinzie-Bey began filing documents in the Eastern District of Michigan. The Clerk of the Court therefore opened this miscellaneous case. McKinzie-Bey has continued to file documents, which include a legal notice, several affidavits “of travel”, several declarations, decrees, a public notice, and a “Trust Business Contract.” The Court is dismissing the matter for lack of subject matter jurisdiction.
The Court is unable to discern a plausible federal cause of action from any of McKinzie-Bey's filings. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 89 (1998) (providing that dismissal of a federal claim for lack of subject-matter jurisdiction is proper where the claim is “so insubstantial, implausible, foreclosed by prior decisions of this Court, or otherwise completely devoid of merit as not to involve a federal controversy”). And because the Court cannot tell who should be a defendant in this case or the defendant's citizenship, McKinzie-Bey also has not invoked diversity jurisdiction under 28 U.S.C. § 1332.
If McKinzie-Bey believes he has a viable claim, he should set out that claim in short and plain language. See Fed. R. Civ. P. 8 (“A pleading that states a claim for relief must contain . . . a short and plain statement of the claim showing that the pleader is entitled to relief.”) (emphasis added). There is a “Complaint for a Civil Case” form available on the District's website at http://www.mied.uscourts.gov/index.cfm?pageFunction=proSe. The website offers an entire section devoted to “Representing Yourself, ” including a “How to File a Lawsuit Hanbook.” See id.
Accordingly, IT IS ORDERED that this action is DISMISSED.