Opinion
Case No. 12-10504
02-16-2012
ARELIOUS RAY REED, Plaintiff, v. OBSERVER/ECCENTRIC MIRROR NEWSPAPERS, Defendant.
Hon. John Corbett O'Meara
ORDER GRANTING APPLICATION TO PROCEED
IN FORMA PAUPERIS AND DISMISSING COMPLAINT
Plaintiff Arelious Ray Reed, appearing pro se, filed his complaint on February 6, 2012. Plaintiff alleges a libel claim against Defendant Observer/Eccentric Mirror Newspapers. Plaintiff also filed an application to proceed in forma pauperis. The court finds Plaintiff's application to proceed in forma pauperis to be facially sufficient and, therefore, grants Plaintiff's motion to proceed without prepayment of fees. See 28 U.S.C. § 1915(a); Gibson v. R.G. Smith Co., 915 F.2d 260, 262 (6th Cir. 1990).
A review of Plaintiff's complaint, however, discloses no basis for federal subject matter jurisdiction. Plaintiff's complaint contains no allegations suggesting that this court has either federal question (such as a violation of federal law) or diversity jurisdiction, which requires the parties to be citizens of different states. See 28 U.S.C. §§ 1331, 1332. Rather, Plaintiff is alleging a state law cause of action (libel) between a Michigan plaintiff and a Michigan defendant. Plaintiff's claim is cognizable in state court, not federal court.
Therefore, IT IS HEREBY ORDERED that Plaintiff's complaint is DISMISSED for lack of subject matter jurisdiction.
John Corbett O'Meara
United States District Judge
I hereby certify that a copy of the foregoing document was served upon Plaintiff on this date, February 16, 2012, at 30428 Milford Road, Apartment #150, New Hudson, Michigan 48165 by first-class U.S. mail.
William Barkholz
Case Manager