Flores v. United States Attorney General et al

Filing 8

MEMORANDUM DECISION AND ORDER Denying 1 APPLICATION for Leave to Proceed in forma pauperis filed by Eric Flores. This action is dismissed. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
ERIC FLORES,

Plaintiff,

Case No. 2:12-CV-575-BLW

v.

MEMORANDUM DECISION
AND ORDER

UNITED STATES ATTORNEY GENERAL,
UNITED STATES DEPARTMENT OF HEALTH
AND HUMAN SERVICES, and PUBLIC
HEALTH SERVICE a/k/a SIERRA MEDICAL
CENTER,

Defendants.

INTRODUCTION
The Court has before it plaintiff Flores’ application to proceed without payment of
fees. For the reasons explained below, the Court will deny the application and dismiss
this case.
ANALYSIS
The Court is required to screen complaints brought by litigants who seek in forma
pauperis status. See 28 U.S.C. § 1915(e)(2). The Court is authorized to dismiss “at any
time” a complaint that, among other things, “is frivolous.” See 28 U.S.C. §
1915(e)(2)(B)(i).
During this initial review, courts generally construe pro se pleadings liberally,
giving pro se plaintiffs the benefit of any doubt. See Resnick v. Hayes, 213 F.3d 443, 447
Memorandum Decision & Order - 1

(9th Cir. 2000). Additionally, if amending the complaint would remedy the deficiencies,
plaintiffs should be notified and provided an opportunity to amend. See Jackson v.
Carey, 353 F.3d 750, 758 (9th Cir. 2003).
In this case, Flores alleges that the Government is using an orbiting satellite to
alter his genetic code to cause various ailments. This action is clearly frivolous, and no
conceivable amendment of the complaint would cure this defect.
ORDER
In accordance with the Memorandum Decision set forth above,
NOW THEREFORE IT IS HEREBY ORDERED, the application for leave to
proceed in forma pauperis (docket no. 1) is DENIED.
IT IS FURTHER ORDERED, that this action be dismissed pursuant to 28 U.S.C. §
1915(e)(2)(B)(i).
IT IS FURTHER ORDERED, that the Clerk close this case.

DATED: October 28, 2013

Honorable B. Lynn Winmill
Chief U. S. District Judge

Memorandum Decision & Order - 2