WILLIAMS v. LEON COUNTY COURT SECOND JUDICIAL CIRCUIT

Filing 4

ORDER AND REPORT AND RECOMMENDATION, It is RECOMMENDED that this action be DISMISSED for failure to state a claim upon which relief may be granted re 1 Complaint filed by VICKI WILLIAMS. R&R flag set( Internal deadline for referral to district judge if objections are not filed earlier: 9/2/2009.) GRANTING 2 motion to proceed in forma pauperis. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 8/5/09. (pll) Modified on 8/11/2009 (pll).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

VICKI WILLIAMS, Plaintiff, vs. LEON COUNTY COURT SECOND JUDICIAL CIRCUIT, Defendant. / ORDER AND REPORT AND RECOMMENDATION Plaintiff, who is pro se, submitted a civil rights complaint on July 29, 2009. Doc. 1. Plaintiff also filed a motion seeking leave to proceed in forma pauperis. Doc. 2. Plaintiff's financial condition warrants the granting of in forma pauperis status and the motion is granted. Federal law permits a United States District Court to dismiss a case filed in forma pauperis, if it is satisfied that the action is frivolous or malicious. The Supreme Court has recognized two types of cases which may be dismissed, sua sponte, pursuant to 28 U.S.C. § 1915(d). Neitzke v. Williams, 490 U.S. 319, 109 S. Ct. 1827, 1833, 104 L. Ed. 2d 338 (1989). The first class are "claim(s) based on an indisputably meritless legal theory," and the second class contain "claims whose factual contentions are clearly Case No. 4:09cv272-SPM/WCS

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baseless." Id. This case lacks both an arguable basis in law and is clearly removed from reality. Sultenfuss v. Snow, 894 F.2d 1277 (11th Cir. 1990), citing Neitzke. As the factual allegations are incomprehensible, dismissal of the complaint is appropriate. Accordingly, it is ORDERED that Plaintiff's motion to proceed in forma pauperis, doc. 2, is GRANTED. It is also RECOMMENDED that this action be DISMISSED for failure to state a claim upon which relief may be granted. IN CHAMBERS at Tallahassee, Florida, on August 5, 2009.

s/ William C. Sherrill, Jr. WILLIAM C. SHERRILL, JR. UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.

Case No. 4:09cv272-SPM/WCS