Borden, via Federal Lawsuit has detailed th combined illegal actions
of the co-defendants as agents there-of, that occurred prior to the March 11,
2015 indictment of Borden.
Occurring afterward are continued illegal acts noted in Law suit,
with Bordens life in Danger of Wrongful Death, an his injuries detailed in
Medical records.
Borden hereby adds the Court record, Supreme Court decisions
concerning the Olmstead Act, giving copies detailed as;
If fraud, subterfuge, trespass, or theft is perpetrated by government
officials, or if a government official participates directly or indirectly
therein, the evidence thus secured is not admissible for the reason that it
was secured in a manner which violates the provisions of the 4th an 5th
Amendments to the constitution of the United States as committed directly
by the Federal Employees Jo Ellen Lawless, David Hayse, in direct
violation of Federal Laws an statutes, as well as the Olmstead Act.
II. STANDARD OF REVIEW
Because Plaintiff is a prisoner
seeking relief against governmental entities, officers,
and/or employees, this Court must review the instant action under 28 U.S.C. § 1915A. Under
§ 1915A, the trial court must review the complaint and dismiss the complaint, or any portion of
the complaint, if the court determines that it is frivolous or malicious, fails to state a claim upon
which relief may be granted, or seeks monetary relief from a defendant who is immune from
such relief. See § 1915A(b)(1), (2); McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir.
1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007).
A claim is legally frivolous when it lacks an arguable basis either in law or in fact.
Neitzke v. Williams, 490 U.S. 319, 325 (1989). The trial court may, therefore, dismiss a claim as
“As used in [§ 1915A], the term ‘prisoner’ means any person incarcerated or detained in any facility
who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or
the terms and conditions of parole, probation, pretrial release, or diversionary program.” § 1915A(c). As
a federal pretrial detainee “accused of . . . violations of criminal law,” Plaintiff is a “prisoner” under
§ 1915A, despite his assertion to the contrary.
Case 1:16-cv-00066-GNS Document 38 Filed 02/16/17 Page 3 of 6 PageID #: <pageID>