Abernathy v. USA

Filing 4

ORDER directing plaintiff to file an amended complaint within 14 days of the date of this Order. Signed by Judge James M. Moody on 5/5/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DENNELLE T. ABERNATHY
aka Booming Black G
aka Darnell Seattle Washingten
aka Denelyaih T. Abernathy
V.

PLAINTIFF
4:11CV00329JMM

UNITED STATES OF AMERICA

DEFENDANT

ORDER

Pending before this Court is the Plaintiff’s Motion to Proceed In Forma Pauperis and
Complaint. The Eighth Circuit has instructed that the decision of whether a complaint is
frivolous or malicious precedes the decision of whether to grant in forma pauperis status and
whether to order service of process. See Carney v. Houston 33 F.3d 893, 895 (8th Cir.
1994)(quoting Gentile v. Missouri Dept. Of Corrections, 986 F.2d 214 (8th Cir. 1993)). “If the
complaint is frivolous or malicious, the district court should dismiss it out of hand.” Id. A
complaint is frivolous where it lacks an arguable basis either in law or fact. See Neitzke v.
Williams, 490 U.S. 319, 325-27 (1989).
In this case, Plaintiff names the United States as the Defendant. Plaintiff alleges that the
United States violated his constitutional rights under Article V of the Constitution “which states
no person shall be deprived of life, liberty, or property.” Plaintiff goes on to discuss the Wall
Street Reform Bill and the purpose and duties of the Federal Reserve Bank. However, Plaintiff
fails to provide facts which state a claim for violation of his constitutional rights or a prayer for
relief. Therefore, the Court will dismiss Plaintiff’s Complaint unless he amends his Complaint

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to specify the facts upon which his claims are based. Plaintiff must file an amended complaint
within fourteen (14) days of the date of this Order. Failure to do so will result in dismissal of the
Complaint.
IT SO ORDERED this 5th day of May, 2011.

_____________________________________
UNITED STATES DISTRICT JUDGE

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