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
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
© 1992-2004 VersusLaw Inc.