Banks v. Disney et al

Filing 10

ORDER DISMISSING CASE. Signed by Judge James Donato on 9/29/16. (lrcS, COURT STAFF) (Filed on 9/29/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FREDERICK BANKS,
Plaintiff,

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ORDER OF DISMISSAL

v.
DISNEY, et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 16-cv-03635-JD

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Plaintiff, a federal prisoner, has filed a pro se complaint. He has been granted leave to
proceed in forma pauperis.
DISCUSSION

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STANDARD OF REVIEW

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Federal courts must engage in a preliminary screening of cases in which prisoners seek

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redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C.

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§ 1915A(a). In its review, the Court must identify any cognizable claims, and dismiss any claims

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which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek

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monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se

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pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th

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Cir. 1990).

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Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the

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claim showing that the pleader is entitled to relief.” Although a complaint “does not need detailed

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factual allegations, . . . a plaintiff’s obligation to provide the ‘grounds’ of his ‘entitle[ment] to

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relief’ requires more than labels and conclusions, and a formulaic recitation of the elements of a

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cause of action will not do. . . . Factual allegations must be enough to raise a right to relief above

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the speculative level.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citations

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omitted). A complaint must proffer “enough facts to state a claim to relief that is plausible on its

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face.” Id. at 570. The United States Supreme Court has explained the “plausible on its face”

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standard of Twombly: “While legal conclusions can provide the framework of a complaint, they

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must be supported by factual allegations. When there are well-pleaded factual allegations, a court

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should assume their veracity and then determine whether they plausibly give rise to an entitlement

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to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009).
LEGAL CLAIMS

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Plaintiff contends that the FBI and CIA are responsible for various incidents of violence in

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and around Orlando, Florida, including the shooting at the Pulse Nightclub, the killing of a singer

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United States District Court
Northern District of California

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who appeared on the television show The Voice, and the killing of a toddler by an alligator at

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Disneyworld. He alleges that the FBI and CIA are using wireless signals sent via satellite to

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control individuals and animals and force them to act out. Plaintiff names as defendants various

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federal agencies, politicians and cities including Richmond, CA which is in this district.

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Plaintiff’s allegations are frivolous, malicious, and fail to state a claim. Because no amount of

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amendment would cure the deficiencies of the complaint, this action is dismissed without leave to

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amend.
CONCLUSION

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1.

The complaint is DISMISSED with prejudice for failure to state a claim.

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2.

The Clerk shall close this case.

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IT IS SO ORDERED.

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Dated: September 29, 2016

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FREDERICK BANKS,

Case No. 16-cv-03635-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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DISNEY, et al.,
Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on September 29, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Frederick Banks ID: 05711-068
FCI Butner
PO Box 1000
Butner, NC 27509

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Dated: September 29, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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