Miller v. Fidelity Investments, No. 1:2020cv00048 - Document 5 (N.D. Ohio 2020)

Court Description: Memorandum Opinion and Order. This action is dismissed for lack of subject-matter jurisdiction pursuant to the Court's authority established in Apple v. Glenn. The court further certifies that an appeal from thisdecision could not be taken in good faith. 28 U.S.C. § 1915(a)(3). Related document 2 . Signed by Judge Solomon Oliver, Jr. on 3/24/2020. (R,Sh)

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Miller v. Fidelity Investments Doc. 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION CHADWICK L. MILLER, Pro Se, Plaintiff v. FIDELITY INVESTMENTS, Defendant ) ) ) ) ) ) ) ) ) Case No. 1: 20 CV 48 JUDGE SOLOMON OLIVER, JR. MEMORANDUM OF OPINION AND ORDER Pro se Plaintiff Chadwick L. Miller has filed a Complaint in this action against Fidelity Investments. (Doc. No. 1.) He has filed a motion to proceed in forma pauperis (Doc. No. 2.) That motion is denied. Plaintiff has abused the privilege of proceeding in forma pauperis and is now barred from proceeding in forma pauperis. See Miller v. Holmes Cty. Sheriff Department, No. 5: 20 CV 225 (N.D. Ohio Mar. 23, 2020); Miller v. Mt. Eaton Police Department, No. 5: 19 CV 2618 (N.D. Ohio Mr. 23, 2020); Miller v. U.S. Marshal Service, No. 5: 19 CV 2648 (N.D. Ohio Mar. 13, 2020). Further, there is no reason to allow Plaintiff the opportunity to proceed with this case by paying the filing fee, as his Complaint on its face is “totally implausible, attenuated, unsubstantial, frivolous, [and] devoid of merit” and therefore subject to dismissal for lack of subject-matter jurisdiction under Apple v. Glenn, 183 F.3d 477, 479 (6th Cir. 1999). Accordingly, this action is dismissed for lack of subject-matter jurisdiction pursuant to the Dockets.Justia.com Court’s authority established in Apple v. Glenn. The court further certifies that an appeal from this decision could not be taken in good faith. 28 U.S.C. § 1915(a)(3). IT IS SO ORDERED. /s/ Solomon Oliver, Jr. SOLOMON OLIVER, JR. UNITED STATES DISTRICT JUDGE Dated: March 24, 2020 2

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