1 Pritchett v. Jernberg Forgings Co. (07-15140)(Battani); Pritchett v. Jernberg Forgings

Co. (08-11401)(Friedman); Pritchett v. Ralcliff (08-13493)(Feikens); Pritchett v. Fox (08-

13494)(Feikens); Pritchett v. Jackson (08-13495)(Feikens); Pritchett v. Jemison (08-

13496)(Edmunds); Pritchett v. Trotter (08-13497)(Borman); Pritchett v. Beechman (08-

14714)(Borman); and Pritchett v. Spine (08-12276)(O’Meara). 

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

CHARLES PRITCHETT,

Plaintiff, Civil Action No. 09-10426

v. HONORABLE DENISE PAGE HOOD

JUDGE PAUL D. BORMAN and

JUDGE BERNARD A. FRIEDMAN,

Defendants.

________________________________/

ORDER OF SUMMARY DISMISSAL

Before the Court is Plaintiff Charles Pritchett’s Complaint. Plaintiff did not submit a filing

fee with the Complaint as required by 28 U.S.C. § 1914 nor did Plaintiff submit an Application to

Proceed In Forma Pauperis as required by 28 U.S.C. § 1915. Plaintiff has filed several complaints

in this District, all requesting In Forma Pauperis status and all summarily dismissed.1

 Plaintiff,

therefore, is aware of the District’s procedures and requirements regarding filing of complaints. 

Notwithstanding the failure to file any filing fee, the Court has the authority to dismiss the

case at any time if the Court determines that the action is frivolous, malicious, fails to state a claim

on which relief may be granted, or seeks monetary relief against a defendant who is immune from

such relief. 28 U.S.C. § 1915(e)(2)(B). Plaintiff’s Complaint alleges in full:

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On 01-16-09, I Charles Pritchett is filing a criminal charges against

Jernberg Forgings Company for “steeling” (sic) my unemployment

checks[.] On July, 1998 my decision, was overturn, and I now

received my “disbility,” (sic) I wrote to Tom Beechman at Jernberg

Forgings Company, and ask Tom Beechman to reopen my worker’s

conpensations (sic) case, and he “denied” me informations (sic),

about the cases. 

A complaint may be dismissed as frivolous “where it lacks an arguable basis either in law

or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). Federal courts hold the pro se complaint

to a “less stringent standard” than those drafted by attorneys. Haines v. Kerner, 404 U.S. 519

(1972).

Liberally construing the Complaint, Plaintiff fails to state a claim against the namedDefendants (Judges Borman and Friedman). Plaintiff mentions Jernberg Forgings and Tom

Beechman in the Complaint. The Complaints against these “persons” were previously dismissed

in prior cases filed by Plaintiff in this District before Judges Borman and Friedman. (See Pritchett

v. Jernberg Forgings Company, Case No. 08-11401 (E.D. Mich. May 1, 2008)(J. Friedman

dismissing the Complaint for failure to state a claim and as frivolous) and Pritchett v. Beechman,

Case No. 08-14714 (E.D. Mich. Nov. 24, 2008)(J. Borman dismissing the Complaint for failure to

state a claim)).

The Complaint is devoid of any claims against Defendants Borman and Friedman. Fed. R.

Civ. P. 12(b)(6). In any event, Judges Borman and Friedman, acting in their official capacity as

judges in this District, are entitled to absolute immunity. It is well settled that judicial officers are

absolutely immune from claims for damages under 42 U.S.C. § 1983. Imbler v. Pachtman, 424 U.S.

409 (1976). Plaintiff’s Complaint must be dismissed.

Accordingly,

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IT IS ORDERED that Plaintiff’s Complaint is DISMISSED as for failure to state a claim

under Fed. R. Civ. B. 12(b)(6) and as frivolous under 28 U.S.C. § 1915(e)(2)(B). Any Appeal of

this Order would be frivolous and would not be taken in good faith. 28 U.S.C. § 1915(a)(3);

Coppedge v. United States, 369 U.S. 438, 445 (1962); McGore v. v. Wrigglesworth, 114 F.3d 601,

610-11 (6th Cir. 1997).

S/Denise Page Hood 

Denise Page Hood

United States District Judge

Dated: February 27, 2009

 hereby certify that a copy of the foregoing document was served upon:

 Charles Pritchett

800 E. Court Street, Apt. 345

 Flint, MI 48503

counsel of record on February 27, 2009, by electronic and/or ordinary mail.

S/William F. Lewis 

Case Manager

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