McGill v. United States Attorney General

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case Nos. 23-CV-24916-RLR

RODNEY MCGILL, SR.,

Plaintiff,

vs.

THE UNITED STATES DEPARTMENT OF JUSTICE,

Defendant. _____________________________/

ORDER DISMISSING AND CLOSING CASE

This cause is before the Court on the Plaintiff’s filing of a civil rights complaint in forma pauperis. Because the Plaintiff is proceeding in forma pauperis, the Complaint is subject to screening by this Court for frivolousness. See 28 U.S.C. § 1915. The Plaintiff alleges that he was previously convicted for obtaining mortgages through false representations. DE 1 at 2. Because the United States Department of Justice did not intervene or otherwise prevent the State of Florida from convicting the Plaintiff, the Plaintiff argues that the Department must pay him $2,000,000. Id. A complaint is frivolous when a court can discern “that the factual allegations are ‘clearly baseless’ or that the legal theories are ‘indisputably meritless.’” Davis v. Kvalheim, 216 F. App’x 231, 234 (11th Cir. 2008) (citing Jefferson Fourtheenth Assocs. v. Wometco de Puerto Rico, Inc., 695 F.2d 524, 526 (11th Cir. 1983)). Here, the Plaintiff’s Complaint is clearly baseless and indisputably meritless. It is ORDERED AND ADJUDGED that the Complaint is DISMISSED and the Clerk of the Court shall CLOSE THIS CASE and DENY all other pending motions AS MOOT. DONE AND ORDERED in Chambers, West Palm Beach, Florida, this 8th day of February, 2024.

x of A ( He L ROBIN L. ROSENBERG / UNITED STATES DISTRICTYUDGE Copies furnished to Counsel of Record