In re Miles El

Full title: In re: PRINCE RAVANNA MILES EL

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: May 20, 2013

Civil Action No. 13-cv-12211 (E.D. Mich. May. 20, 2013)

Opinion

Civil Action No. 13-cv-12211

05-20-2013

In re: PRINCE RAVANNA MILES EL

BERNARD A. FRIEDMAN

HON. BERNARD A. FRIEDMAN

OPINION AND ORDER DISMISSING THE COMPLAINT

Before the Court is plaintiff's in forma pauperis complaint [docket entry 1]. For the following reasons, the Court shall dismiss the complaint because it is frivolous and/or fails to state a claim upon which relief may be granted.

Pro se complaints are held to "less stringent standards" than those drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972). Nonetheless, the Court is required by statute to dismiss an in forma pauperis complaint if it:

(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune from such relief.

28 U.S.C. § 1915(e)(2)(B). A complaint is frivolous if "it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). In other words, a complaint is frivolous if "based on an indisputably meritless legal theory" or "clearly baseless" facts or "a legal interest which clearly does not exist" or "fantastic or delusional scenarios." Id. at 327-328. To avoid dismissal for failure to state a claim, "a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Center for Bio-Ethical Reform, Inc. v. Napolitano, 648 F.3d 365, 369 (6th Cir. 2011) (citations and internal quotations omitted). Further, the Court is required to dismiss the complaint, whether or not plaintiff is proceeding in forma pauperis, if the Court lacks subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3).

In this case, the Court is unable to discern who plaintiff is suing nor the factual basis of his complaint. See generally Ashcroft v. Iqbal, 556 U.S. 662 (2009). Affording the most liberal construction to the pleadings, they seem to invoke the independent sovereignty of the "Moorish National Republic" and list a series of grievances against some unknown entity. Since the complaint fails to state a cognizable claim upon which relief may be granted, the Court is without jurisdiction to entertain this matter.

Accordingly,

IT IS ORDERED that the complaint is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B). Dated: May 20, 2013

Detroit, Michigan

____________________________

BERNARD A. FRIEDMAN

SENIOR UNITED STATES DISTRICT JUDGE