Aquarius Johnson v. Drake Aubrey Graham and Jahron Anthony Brathwaite

Summary

The United States District Court for the Western District of Michigan grants Plaintiff Aquarius Johnson leave to proceed in forma pauperis for service purposes but dismisses his copyright infringement complaint without prejudice. The court holds that Johnson cannot state a copyright infringement claim because he had not registered the alleged copyright, and any analogous state-law claim would be preempted by the Copyright Act. The court rejects the magistrate judge's report and recommendation recommending dismissal for failure to timely serve the defendants.

Holdings

1. The court granted Plaintiff's initial application to proceed in forma pauperis for purposes of service, allowing the United States Marshals to serve the complaint.
2. Plaintiff could not state a copyright-infringement claim because he alleged that he had not registered the copyright for the album or songs at issue.
3. Any analogous state-law claim was preempted by the Copyright Act.

Questions Presented

1. Whether the court should grant Plaintiff in forma pauperis status for purposes of service despite his payment of the filing fee.
2. Whether Plaintiff's copyright-infringement complaint stated a claim when Plaintiff alleged that he had not registered the relevant copyright.
3. Whether any analogous state-law claim was preempted by the Copyright Act.

Disposition

dismissed