Grimes et al v. Hoang et al

Filing 3

ORDER DISMISSING COMPLAINT; DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS. The Clerk shall close the file. IT IS SO ORDERED Signed by Judge Maxine M. Chesney on November 29, 2005. (mmclc1, COURT STAFF) Modified on 12/1/2005 (aaa, Court Staff).

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Grimes et al v. Hoang et al Doc. 3 Case 3:05-cv-04722-MMC Document 3 Filed 11/29/2005 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California JEROME L. GRIMES, et al., Plaintiffs, v. JOSEPH HUANG, et al., Defendants / No. C-05-4722 MMC ORDER DISMISSING COMPLAINT; DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Before the Court is plaintiff Jerome L. Grimes' application to proceed in forma pauperis and his complaint1 against 114 individuals, both of which were filed on November 15, 2005. Pursuant to 28 U.S.C. 1915(e), where a plaintiff seeks to proceed in forma pauperis, the district court must dismiss the complaint if the court determines that the complaint is frivolous or malicious, or that the plaintiff has failed to state a claim upon which relief can be granted. See 28 U.S.C. 1915(e)(2)(B)(i), (ii). Here, plaintiff's complaint falls directly within the category of pleadings identified in 1915(e)(2)(B)(i) and (ii). Plaintiff's claims are based upon, inter alia, defendants being "organ smugglers," defendants having engaged in the "Oklahoma City bombing" and being "9/11/01 bombers," defendants' committing "premediated STD," and defendants' being Plaintiff also purports to bring claim(s) on behalf of three deceased individuals. Dockets.Justia.com Case 3:05-cv-04722-MMC Document 3 Filed 11/29/2005 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 involved in a "highly sophisticated old aged natural death frame up." Moreover, plaintiff does not allege any cognizable basis for a federal district court to assert jurisdiction over his claim(s), and no such basis is apparent from the allegations. Finally, there is no indication plaintiff can cure the above-referenced deficiencies. Accordingly, plaintiff's complaint is hereby DISMISSED, pursuant to 28 U.S.C. 1915(e)(2)(B), and plaintiff's application to proceed in forma pauperis is hereby DENIED as moot. The Clerk shall close the file. IT IS SO ORDERED. Dated: November 29, 2005 MAXINE M. CHESNEY United States District Judge 2

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