v. Hopson
3:12-cv-00832
W.D. Ky.May 16, 2013Background
- Hopson, proceeding pro se and in forma pauperis, filed a civil rights complaint in the Western District of Kentucky.
- Court reviews such complaints under 28 U.S.C. § 1915(e)(2) and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).
- § 1915(e)(2) authorizes dismissal of frivolous, malicious, or meritless claims or those immune from relief; courts may sua sponte dismiss for lack of jurisdiction.
- The complaint named all Kentucky federal judges among the Defendants, but recusal was deemed unwarranted.
- Hopson has filed numerous actions; in 3:12CV-770-H the court barred Hopson from proceeding in forma pauperis against named defendants on the same subject matter.
- The court found the instant complaint frivolous, devoid of merit, and not subject to discussion, and dismissed the action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 1915(e) dismissal is proper | Hopson argues the claims have merit. | Court should dismiss as frivolous or meritless. | Dismissal appropriate |
| Whether recusal was required for all Kentucky federal judges | Seeks disqualification of the undersigned and others. | No basis for recusal; no factual ties to the judge. | Recusal not warranted |
| Whether the court lacks subject matter jurisdiction | Alleges conspiracies and civil rights violations. | Allegations are implausible and insubstantial. | Court may dismiss for lack of jurisdiction; frivolous |
Key Cases Cited
- McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997) (authority to screen prisoners' complaints under § 1915(e))
- Apple v. Glenn, 183 F.3d 477 (6th Cir. 1999) (sua sponte dismissal standards under Rule 12(b)(1))
- Hagans v. Lavine, 415 U.S. 528 (1974) (precludes frivolous or insubstantial grounds for jurisdiction)
- Easley v. Univ. of Mich. Bd. of Regents, 853 F.2d 1351 (6th Cir. 1988) (judge not required to recuse absent occasion)
- In Re Union Leader Corp., 292 F.2d 381 (1st Cir. 1961) (example on recusal/judicial impartiality considerations)
