UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TERRY WILSON,

Plaintiff, Civil Action No.

09-CV-13298

vs.

HON. BERNARD A. FRIEDMAN

OAKLAND COUNTY

PROSECUTOR OFFICE,

Defendant.

______________________/

OPINION AND ORDER GRANTING PLAINTIFF’S APPLICATION

TO PROCEED IN FORMA PAUPERIS AND DISMISSING THE COMPLAINT

AS FRIVOLOUS AND FOR FAILURE TO STATE A CLAIM

This matter is presently before the court on plaintiff’s application to proceed in forma

pauperis. For the following reasons, the court shall (1) grant the application and therefore allow the

complaint to be filed without prepayment of the filing fee, and (2) dismiss the complaint because

it is frivolous and fails to state a claim upon which relief may be granted.

Pursuant to 28 U.S.C. § 1915(a)(1), the court may permit a person to commence a

lawsuit without prepaying the filing fee, provided the person submits an affidavit demonstrating that

he/she “is unable to pay such fees or give security therefor.” In the present case, plaintiff’s

application to proceed in forma pauperis makes the required showing of indigence. The court shall

therefore grant the application and permit the complaint to be filed without requiring plaintiff to

prepay the filing fee.

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

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 A search of the court’s electronic filing system reveals that plaintiff has filed

approximately 80 lawsuits in this court since 1988.

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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 327-28. A complaint fails

to state a claim upon which relief may be granted if, while viewing the facts in the light most

favorable to plaintiff, it is clear “beyond doubt that the plaintiff can prove no set of facts in support

of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46 (1957).

 In the present case, the complaint is both frivolous and fails to state a claim. The

hand-written jumble that purports to be a complaint does nothing more than list some of plaintiff’s

previously dismissed lawsuits.1

 There is no short and plain statement of the claim, as required by

Fed. R. Civ. P. 8(a). In fact, no allegations of any kind are made against the defendant. Further, the

defendant is not an entity possessing the capacity to be sued. In addition to “$20,000 million

dollors” in damages, plaintiff appears to be requesting “DISCOVERY AND REOPENINGS,

U.S.D.C. 02-CV-0716.” The court does not recognize this case number. Nor do any of plaintiff’s

previously dismissed cases bear a similar case number. Even assuming such a case existed, the

complaint suggests no reason how a civil action that was dismissed seven years ago could

conceivably be “reopened.” Accordingly,

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IT IS ORDERED that plaintiff’s application for leave to proceed in forma pauperis

is granted. The complaint is filed and the filing fee need not be prepayed.

IT IS FURTHER ORDERED that the complaint is dismissed pursuant to 28 U.S.C.

§ 1915(e)(2)(B) because it is both frivolous and fails to state a claim.

S/Bernard A. Friedman____________________

Dated: August 28, 2009 BERNARD A. FRIEDMAN

Detroit, Michigan UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document 

was served upon counsel of record by electronic and/or first-class mail.

S/Carol Mullins 

Case Manager

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