McHenry v. Switzer
ORDER granting motion to proceed ifp but DISMISSING CASE without prejudice as frivolous. Signed by Judge D. P. Marshall Jr. on 5/18/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LEE R. MOORE MCHENRY
BARRY FRANK SWITZER
McHemy moves to proceed in forma pauperis.
In support of her
application, she states that her gross income is $240 monthly and that she has
no other sources of income, no money in the bank, and no other assets. She
lists no monthly expenses. The Court grants McHenry's motion, Document
No.1. 28 U.S.C. § 1915(a)(1).
But the Court must screen McHemy's complaint and dismiss it if the
Court determines itisfrivolous. 28 U.S.C. § 1915(e)(2)(B). A claim is factually
frivolous if the facts alleged are clearly baseless, a category encompassing
allegations that are fanciful, fantastic, and delusional." Denton v. Hernandez,
504 U.s. 25, 32-33 (1992) (citations and quotations omitted). In other words,
dismissal is appropriate fiwhen the facts alleged rise to the level of the
irrational or the wholly incredible, whether or not there are judicially
noticeable facts available to contradict them./I 504 U.S. at 33.
McHenry's complaint is unintelligible. Her complaint consists of a
random mix of legal words strung together. The Court cannot understand
what legal claim(s) McHenry is pursuing and how the named defendant, Mr.
Switzer, is involved. The case crosses the frivolous threshold established in
Denton. The Court therefore dismisses McHenry's complaint, Document No.
2, without prejudice.
D.P. Marshall Jr.
United States District Judge
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