Toriano-James Hervey Hopes Akwesi:ObaShango-El v. USA et al

Filing 3

ORDER granting pro se plaintiff's motion to proceed ifp but DISMISSING CASE as frivolous and malicious, for failure to state a claim on which may be granted, and for seeking monetary relief against defendants who are immune from such relief. Signed by Judge Billy Roy Wilson on 1/24/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
TORIANO-JAMES HERVEY HOPES AKWESI:OBASHANGO-EL
v.

4:12-CV-00042-BRW

USA, a De Facto Corporation
ARKANSAS, STATE OF,
a De Facto Corporation
ORDER
Pending is pro se Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. No. 1).
Because Plaintiff’s economic situation qualifies him for in forma pauperis status,
Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. No. 1) is GRANTED.
However, under 28 U.S.C. § 1915(e)(2)(B), a court must dismiss a complaint filed in
forma pauperis at any time if the action is frivolous, malicious, fails to state a claim upon which
relief can be granted, or seeks monetary relief against a defendant who is immune from such
relief.1 A claim is frivolous if it “describ[es] fantastic or delusional scenarios,” the factual
contentions are “clearly baseless,” or there is no rational basis in law.2 A complaint may be
dismissed before service of process and without leave to amend.3 Although pro se complaints
are to be liberally construed, “they still must allege sufficient facts to support the claims
advanced.”4

1

See Martin-Trigona v. Stewart, 691 F.2d 856 (8th Cir. 1982).

2

Neitzke v. Williams, 490 U.S. 319, 327-29 (1989).

3

Christiansen v. Clarke, 147 F.3d 655, 658 (8th Cir. 1998).

4

Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004).
1

Plaintiff cites as defendants the United States of America as a de facto Corporation and
the State of Arkansas as a De Facto Corporation. Furthermore, Plaintiff asserts that he is entitled
to $23,341,920,00.00 from the State of Arkansas and another $150,000,000.00 in “30% Troy
Ounces of Gold bullion and in 70% Troy Ounces Silver bullion.”5
Plaintiff’s Complaint (Doc. No. 2) is DISMISSED based on all three subsections of
§ 1915(e)(2)(B) -- it is frivolous and malicious, fails to state a claim on which relief may be
granted, and seeks monetary relief against defendants who are immune from such relief.
The Clerk of the Court is not to serve process or cause process to be served on this
complaint.
IT IS SO ORDERED this 24th day of January, 2012.
/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

5

Doc. No. 2.
2