Youngblood v. UNITED STATES OF AMERICA
Filing
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ORDER by Judge Edward M. Chen Denying 2 Plaintiff's Motion to Proceed In Forma Pauperis and Dismissing Complaint With Prejudice. (Attachments: # 1 Certificate of Service) (emcsec, COURT STAFF) (Filed on 10/1/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GUY YOUNGBLOOD,
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Plaintiff,
v.
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For the Northern District of California
United States District Court
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UNITED STATES OF AMERICA,
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Defendant.
___________________________________/
No. C-13-2452 EMC
ORDER DENYING PLAINTIFF’S
MOTION TO PROCEED IN FORMA
PAUPERIS AND DISMISSING
COMPLAINT WITH PREJUDICE
(Docket Nos. 2, 12)
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Plaintiff, Guy Youngblood, initiated this action against the United States on May 30, 2013.
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Plaintiff simultaneously filed a motion for leave to proceed in forma pauperis (the “Motion”).
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Pending before the Court is Plaintiff’s Motion.
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On August 19, 2013, Magistrate Judge Maria-Elena James issued a report and
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recommendation that Plaintiff’s action be dismissed without prejudice for failure to provide service
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address, pursuant to Local Rule 3-11. See Docket No. 12. All mail sent to Plaintiff since the
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commencement of the action had been returned as undeliverable. See Docket Nos. 7, 11, 17.
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However, because subsequently, on August 29, 2013, Plaintiff filed a notice of change of address,
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the Court cannot adopt Judge James’s report and recommendation. See Docket No. 18. The Court
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will instead consider the Motion anew.
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When presented with an application to proceed in forma pauperis, a court must first
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determine if the applicant satisfies the economic eligibility requirement of 28 U.S.C. § 1915(a). See
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Franklin v. Murphy, 745 F.2d 1221, 1226 n.5 (9th Cir. 1984). The court must then assess the
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complaint, and dismiss the case if it determines that the action is (1) frivolous or malicious; (2) fails
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to state a claim on which relief may be granted; or (3) seeks monetary relief against a defendant who
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is immune from such relief. 28 U.S.C. § 1915(e)(2). A court may dismiss a claim as factually
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frivolous when the facts alleged are “fantastic” and “delusional,” rising to the level of “the irrational
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or the wholly incredible.” Denton v. Hernandez, 504 U.S. 25, 32-33 (1992).
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In his application to proceed in forma pauperis, Plaintiff states that he is unemployed and has
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no income. See Docket No. 2. He owns no cash, car, or home. Given these circumstances, the
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Court finds that Plaintiff meets the economic eligibility requirements.
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The Court must dismiss Plaintiff’s action, however, because Plaintiff’s claim is factually
frivolous. The complaint alleges that a judge and public defender ordered others to use “chemical
warfare” on Plaintiff and bind his legs for 14-16 years. Compl. at 1. The complaint describes
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For the Northern District of California
United States District Court
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various unrelated episodes, such as meeting Arnold Schwarzenegger when Plaintiff was a boy,
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resuscitating a shaken baby, and escaping from police trying to kill Plaintiff. Compl. at 2-3. It
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concludes with requests for a “clean record” and 100 million dollars. The alleged facts are
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delusional and wholly incredible.
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Accordingly, the Court DENIES Plaintiff’s motion for leave to proceed in forma pauperis
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and DISMISSES the complaint with prejudice. The Clerk of Court is directed to enter judgment
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and close the file.
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This order disposes of Docket Nos. 2 and 12.
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IT IS SO ORDERED.
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Dated: October 1, 2013
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_________________________
EDWARD M. CHEN
United States District Judge
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