Frederick Banks v. An Unknown Named Number of Fe, et al

Filing

NOT PRECEDENTIAL PER CURIAM OPINION Coram: AMBRO, CHAGARES and VANASKIE, Circuit Judges. Total Pages: 3. BLD-151

Case: 13-4020

Document: 003111575525

Page: 1

BLD-151

Date Filed: 04/01/2014

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
____________
No. 13-4020
____________
FREDERICK H. BANKS,
Appellant
v.

AN UNKNOWN NAMED NUMBER OF FEDERAL JUDGES AND
UNITED STATES COVERT GOVERNMENT AGENTS;
JUDGE JOY FLOWERS CONTI; JUDGE THOMAS HARDIMAN;
JUDGE NORA B. FISCHER;
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT;
UNITED STATES OF AMERICA; FBOP;
ATTORNEY GENERAL UNITED STATES OF AMERICA; CHARLES SAMUELS
____________________________________
On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Civil No. 1-13-cv-02095)
District Judge: Honorable Christopher C. Conner
____________________________________
Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)
or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
January 9, 2014
Before: AMBRO, CHAGARES and VANASKIE, Circuit Judges
(Filed: April 1, 2014)
____________
OPINION
____________

PER CURIAM

Case: 13-4020

Document: 003111575525

Page: 2

Date Filed: 04/01/2014

Appellant Frederick Banks, proceeding pro se, appeals from the District Court’s
order dismissing his complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). For
the reasons that follow, we will dismiss Banks’ appeal pursuant to § 1915(e)(2)(B)(i) as
well.
In August 2013, Banks filed a complaint in the District Court against Judge Joy
Flowers, Judge Thomas Hardiman, Judge Nora Barry Fischer, the United States Court of
Appeals for the Third Circuit, the United States of America, the FBOP, Eric Holder and
Charles Samuels, as well as “an unknown named number of federal judges and United
States covert government agents.” Banks alleged that “in 2013 and previously to that
Defendants used a technology known as ‘Voice to Skull’ to harass him for lawsuits that
were filed against Federal Agents and US District Judges.” Compl. at 1, ¶ 1. Banks
sought $650 million in damages for the harassment and an order enjoining the defendants
from engaging in this activity. Id. at 2, ¶ 5.
After granting Banks in forma pauperis status, the District Court screened his
complaint for legal sufficiency pursuant to 28 U.S.C. § 1915(e)(2). The court then found
that Banks’ allegations that defendants are using a technology known as “Voice to Skull”
to harass him are factually frivolous within the meaning of § 1915(e)(2)(B)(i), because
they are “wholly incredible and delusional.” See D. Ct. Mem. Op. at 4. The District
Court further found that the complaint was incapable of being cured by amendment given
the incredible and delusional nature of Banks’ allegations. Id. at 5. Accordingly, the
District Court dismissed the complaint as frivolous pursuant to § 1915(e)(2)(B)(i). This
timely appeal followed.
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Case: 13-4020

Document: 003111575525

Page: 3

Date Filed: 04/01/2014

We have jurisdiction pursuant to 28 U.S.C. § 1291, and exercise plenary review
over the District Court’s dismissal of the complaint under § 1915.

1

See Allah v.

Seiverling, 229 F.3d 220, 223 (3d Cir. 2000); Roman v. Jeffes, 904 F.2d 192, 194 (3d
Cir. 1990). Because Banks has been granted leave to proceed in forma pauperis on
appeal, we must determine whether the appeal is subject to dismissal as frivolous. See 28
U.S.C. § 1915(e)(2)(B)(i). An appeal is frivolous if it has no arguable basis in law or
fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989).
We agree with the District Court that Banks’ allegations are delusional and
irrational in nature, and we conclude that they were properly dismissed as frivolous. In
light of the nature of his factual allegations, we further find no error with the District
Court’s determination that allowing Banks to amend his complaint would have been
futile. See Grayson v. Mayview State Hosp., 293 F.3d 103, 112-13 (3d Cir. 2002)
(“dismissals of frivolous claims do not require leave to amend due to the long tradition of
denying leave to amend under Rule 15(a) when amendment is inequitable or futile”).
Accordingly, the District Court appropriately dismissed his complaint with prejudice.
Because we conclude that this appeal is legally frivolous, we will dismiss it
pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).

1

Banks also sought reconsideration of the order of dismissal. The District Court
denied Banks’ reconsideration motion in an order entered on November 5, 2013. Banks
did not file an amended notice of appeal. Accordingly, that subsequent order is not
within the scope of this appeal. See Fed. R. App. P. 4(a)(4)(B)(i).
3