Kevlin Omar Brown v. Nicole Nelson, et al.

CourtDistrict Court, E.D. Michigan
DecidedDecember 5, 2025
Docket5:25-cv-13120
StatusUnknown

This text of Kevlin Omar Brown v. Nicole Nelson, et al. (Kevlin Omar Brown v. Nicole Nelson, et al.) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kevlin Omar Brown v. Nicole Nelson, et al., (E.D. Mich. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Kevlin Omar Brown,

Plaintiff, Case No. 25-13120

v. Judith E. Levy United States District Judge Nicole Nelson, et al., Mag. Judge Anthony P. Patti Defendants.

________________________________/

OPINION AND ORDER GRANTING APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COST AND DISMISSING THE CASE WITHOUT PREJUDICE

On October 3, 2025, pro se Plaintiff Kevlin Omar Brown filed this action under 42 U.S.C. § 1983 against Nicole Nelson, Judge Denise Langford-Morris (Ret.), Judge Cunningham, Case Manager Sarah Hool, and Clerk Josh. (ECF No. 1.) On the same date, Plaintiff filed an “Application to Proceed in District Court without Prepaying Fees or Costs” (in forma pauperis). (ECF No. 2). In a separate document, titled “Motion to Proceed In Forma Pauperis,” Plaintiff affirms that he is homeless, without income, and unable to pay filing fees. (Id. at PageID.12.) For the reasons set forth below, the Court grants Plaintiff’s application to proceed in forma pauperis and dismisses this case for failure to state a claim and lack of subject-matter jurisdiction.

I. Background This case concerns two state-court cases. Plaintiff alleges that he

was convicted in the first case for failure to pay child support, and that he was sentenced to probation and jail time. (ECF No.1, PageID.1, ¶ 1.) He states that in 2010, this conviction was “dismissed” and “removed”

from his record by Defendant Judge Langford-Morris. (Id. at ¶¶ 2–3.) He asserts that he “was never properly served” and only found out about the case after the Oakland County Friend of the Court “seized more than

$10,500 from his bank account without notice or DNA testing.” (Id. at ¶ 4.) Plaintiff indicates that “[d]uring jail/probation, an officer swabbed him for DNA only after conviction.” (Id. at ¶ 5.)

Plaintiff alleges that after the “dismissal,” a new case was filed against him for $2,000 involving Nicole Nelson. (Id. at ¶¶ 6–7.) Plaintiff states that Defendant Sarah Hool (case manager) refused to provide clear

information regarding why the case was reopened after dismissal. (Id. at ¶ 7.) He further indicates that court clerks have denied him access to dismissal records and necessary information, obstructing his rights as pro se litigant. (Id. at PageID.2, ¶ 8.) Specifically, Plaintiff asserts that he contacted “Clerk Josh” regarding the dismissal in “Judge Morris’[]

courtroom,” but “Clerk Josh stated no record exists of dismissal in the court’s system.” (Id. at ¶ 9.) Then, he alleges that he contacted the office

of Judge Cunningham’s clerk asking for information “on why the case was reopened with a new case number,” but the staff refused to provide information stating that Plaintiff “must have an attorney.” (Id. at ¶ 10.)

Plaintiff lists four counts: Double Jeopardy (Count I); Malicious Prosecution (Count II); Administrative Failure/Denial of Access (Count III); and Due Process Violation (service and DNA testing) (Count IV).

(Id.) However, Plaintiff’s pleading efforts end there; he only lists the title of the claims and fails to provide any facts to support each claim. In his prayer for relief, Plaintiff requests that his application to

proceed in forma pauperis be granted, and he seeks injunctive and declaratory relief. Particularly, Plaintiff requests that the Court: (1) open an investigation of his state-court cases; (2) a double jeopardy

declaration; (3) a DNA analysis; (4) dismiss or enjoin ongoing state-court proceedings; and (5) order the Oakland County Friend of the Court to account for monies seized. (Id.) II. Application to Proceed In Forma Pauperis Federal courts “may authorize the commencement . . . of any suit,

action or proceeding . . . without prepayment of fees . . . by a person who submits an affidavit that includes a statement . . . that the person is

unable to pay such fees.” 28 U.S.C. § 1915(a)(1). Plaintiff’s application indicates that he has only $40 in his bank accounts and no other sources of income. (ECF No. 2). Given Plaintiff’s lack of financial resources, the

Court finds that Plaintiff satisfies the requirements under 28 U.S.C. § 1915(a)(1), and his application to proceed without prepayment of fees is granted.

III. Legal Standard Because Plaintiff has been given permission to proceed without prepayment of the filing fee, the Court must screen the complaint under

§ 1915(e)(2)(B) to determine if the action “is frivolous or 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); see McGore v. Wrigglesworth, 114 F.3d 601, 608–09 (6th Cir. 1997), overruled on different grounds by LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013) (holding that district courts must screen a complaint filed by an indigent non-prisoner under § 1915(e)(2) “before process is served or the individual has had an opportunity to amend the

complaint,” given that “[t]he moment the complaint is filed, it is subject to review under § 1915(e)(2)”). “The complaint must be dismissed if it falls

within the requirements of § 1915(e)(2) when filed.” McGore, 114 F.3d at 609; see Jenkins v. Young, No. 2:23-cv-13188, 2024 U.S. Dist. LEXIS 117773, at *3 (E.D. Mich. July 3, 2024) (dismissing a case for failure to

state a claim after screening the complaint under § 1915(e)(2)). III. Analysis A. Failure to State a Claim

Plaintiff fails to state a claim because he provides only the titles of his claims without any substantive elaboration. To state a claim under 42 U.S.C. § 1983, plaintiffs must establish: “(a) deprivation of a right

secured under the Constitution or federal law; and (b) that deprivation was caused by a person acting under color of state law.” Aarti Hospitality, LLC v. City of Grove City, Ohio, 350 F. App’x 1, 11 (6th Cir. 2009) (quoting

Alkire v. Irving, 330 F.3d 802, 813 (6th Cir. 2003)). Federal Rule of Civil Procedure 8(a) requires that a complaint set forth “a short and plain statement of the claim showing that the pleader is entitled to relief” as well as “a demand for the relief sought.” Fed. R. Civ. P. 8(a)(2)–(3). Rule 8 is intended to give a defendant “fair notice of what the . . . claim is and

the grounds upon which it rests.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quotation omitted).

“[D]etailed factual allegations” are not required under Rule 8’s pleading standard, but the standard “demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556

U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 555). The “[f]actual allegations must be enough to raise a right to relief above the speculative level on the assumption that all the allegations in the complaint are true

(even if doubtful in fact).” Twombly, 550 U.S.

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Bluebook (online)
Kevlin Omar Brown v. Nicole Nelson, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/kevlin-omar-brown-v-nicole-nelson-et-al-mied-2025.