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Miller v. United States

THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


July 30, 2007

SCOTT WAYNE MILLER, PLAINTIFF
v.
UNITED STATES OF AMERICA, DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 30th day of July, 2007, upon consideration of pro se plaintiff's motion to proceed in forma pauperis (Doc. 2), and the complaint (Doc. 1) brought pursuant to 19 U.S.C. § 1677(7) in which plaintiff alleges that he suffered material injury*fn1 when customs officers in the port of New York mishandled his property, and it appearing that plaintiff is unable to pay the filing fee in the above-captioned case, see 28 U.S.C. § 1915 ("[A]ny court of the United States may authorize the commencement, prosecution, or defense of any suit . . . without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets . . . that the person is unable to pay such fees or give security therefor."), and it appearing that 19 U.S.C. § 1677 and corresponding subtitle set forth countervailing and antidumping duties under the Tariff Act of 1930 and do not involve the actions of customs officers as alleged in the complaint,*fn2 it is hereby

ORDERED that:

1. The motion to proceed in forma pauperis (Doc. 2) is GRANTED.

2. The complaint (Doc. 1) is DISMISSED. See 28 U.S.C. § 1915(e).

3. Leave to amend is DENIED as futile. See Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002).

4. Any appeal from this order is DEEMED frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3).

5. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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