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McIntire v. Kalkaska County

United States District Court, W.D. Michigan, Southern Division
Feb 10, 2006
Case No. 1:06-CV-29 (W.D. Mich. Feb. 10, 2006)

Opinion

Case No. 1:06-CV-29.

February 10, 2006


ORDER


Plaintiff initiated the present action alleging numerous claims against the Kalkaska County Friend of the Court. The Court has granted Plaintiff's motion to proceed as a pauper in this matter. Having granted Plaintiff's motion to proceed as a pauper, the Court has conducted an initial review of the Complaint pursuant to 28 U.S.C. § 1915(e)(2) to determine whether it is frivolous, malicious, or fails to state a claim upon which relief can be granted. Upon such review, the Court concludes that Plaintiff's Complaint must be dismissed for failure to state a claim upon which relief may be granted.

Pursuant to Federal Rule of Civil Procedure 12(b)(6), a claim may be dismissed for failure to state a claim upon which relief may be granted where, even accepting as true Plaintiff's allegations and construing the complaint liberally in his favor, it appears "beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Herron v. Harrison, 203 F.3d 410, 414 (6th Cir. 2000) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)).

While Plaintiff's Complaint is extremely lengthy, it contains no factual allegations and instead consists entirely of vague generalities and unsupported legal conclusions. While it seems clear that Plaintiff has some sort of dispute with the Kalkaska County Friend of the Court, Plaintiff has failed to articulate any factual allegations which give even the slightest hint as to the nature of such dispute. In sum, the Court concludes that Plaintiff has failed to state a claim upon which relief may be granted. Accordingly,

IT IS HEREBY ORDERED that Plaintiff Wendy Ann McIntire's Complaint (Dkt. No. 1) is DISMISSED for failure to state a claim upon which relief may be granted.


Summaries of

McIntire v. Kalkaska County

United States District Court, W.D. Michigan, Southern Division
Feb 10, 2006
Case No. 1:06-CV-29 (W.D. Mich. Feb. 10, 2006)
Case details for

McIntire v. Kalkaska County

Case Details

Full title:WENDY ANN McINTIRE, Plaintiff, v. KALKASKA COUNTY FRIEND OF THE COURT…

Court:United States District Court, W.D. Michigan, Southern Division

Date published: Feb 10, 2006

Citations

Case No. 1:06-CV-29 (W.D. Mich. Feb. 10, 2006)