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WILKES v. SMALL

United States District Court, N.D. California


April 14, 2004.

MICHAEL STEVEN WILKES, Plaintiff, CHARLES SMALL, SR., et al., Defendants

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS; DISMISSING ACTION WITH PREJUDICE
Before the Court is plaintiff's application, filed April 12, 2004, to proceed in forma pauperis. When a party seeks to proceed in forma pauperis, the Court must dismiss the case if the Court determines that the action is frivolous or malicious, or fails to state a claim upon which relief can be granted. See 28 U.S.C. § 1915(e)(2). Plaintiffs complaint consists of an apparently random assortment of documents, some of which have been filed previously in other courts, in which plaintiff asserts, inter alia, that the Alfred P. Murrah Federal Building in Oklahoma City was destroyed by means of an electronic beam transmitted from Sutro Tower in San Francisco, that plaintiff wrongfully has been denied the benefits of the Nobel Peace Prize that he allegedly was awarded, and that various television personalities, including former Mouseketeer, Annette Funicello, should be sentenced to death.

Section 1915 "accords judges not only the authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint's factual allegations and dismiss those claims whose factual contentions are clearly baseless," including "claims describing fantastic or delusional scenarios." See Neitzke v. Williams. 490 U.S. 319, 327-28 (1989) (interpreting former § 1915(d)). The Court concludes that the instant complaint is frivolous within the meaning of § 1915, and that its defects cannot be cured by amendment. See Lopez v. Smith. 203 F.3d 1122, 1127 n.8 (9th Cir. 2000) (en banc) (noting that "[w]hen a case may be classified as frivolous or malicious, there is, by definition, no merit to the underlying action and so no reason to grant leave to amend.")

  Accordingly, plaintiffs complaint is hereby DISMISSED with prejudice. In light of the dismissal, plaintiff's application to proceed in forma pauperis is DENIED.

  The Clerk shall close the file.

  IT IS SO ORDERED.

  JUDGMENT IN A CIVIL CASE

  IT IS ORDERED AND ADJUDGED plaintiff's complaint is hereby DISMISSED with prejudice.

20040414

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