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King v. Kenny et al - Document No. 4

King v. Kenny et al - Document No. 4

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Published by Justia.com
ORDER of Summary Dismissal Signed by Honorable Bernard A Friedman. (JCre) 2:2007cv11222 Michigan Eastern District Court
ORDER of Summary Dismissal Signed by Honorable Bernard A Friedman. (JCre) 2:2007cv11222 Michigan Eastern District Court

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Published by: Justia.com on Apr 30, 2008
Copyright:Public Domain

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10/14/2013

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28 U.S.C. \u00a7 1915(e)(2) provides, in pertinent part:

Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that \u2013

. . .
(B) the action or appeal \u2013
. . .
(ii) fails to state a claim upon which relief may be granted . . .

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ADRIAN C. KING,

Plaintiff,
v.
TIMOTHY M. KENNY,

Defendant.
/
Case Number: 2:07-CV-11222
HON. BERNARD A. FRIEDMAN
ORDER OF SUMMARY DISMISSAL

Plaintiff Adrian C. King is a state inmate at Carson City Correctional Facility in Carson
City, Michigan. Plaintiff has filed a pro se civil rights complaint alleging that he is being falsely
imprisoned because the judge who oversaw his state court conviction failed to act impartially.
He is proceeding without prepayment of the filing fee in this action under 28 U.S.C. \u00a7
1915(a)(1). After careful consideration, the Court dismisses Plaintiff\u2019s complaint, pursuant to 28
U.S.C. \u00a7 1915(e)(2),1 because Plaintiff fails to state a claim upon which relief may be granted.

In his complaint, Plaintiff states that defendant Judge Timothy Kenny presided over a
bench trial and found Plaintiff guilty of assault with intent to commit murder, felon in possession
of a firearm, discharge of a firearm toward a building, and felony firearm. Plaintiff claims that,

Case 2:07-cv-11222-BAF-MKM Document 4
Filed 03/27/2007 Page 1 of 2
King v. Kenny et al
Doc. 4
Dockets.Justia.com

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