HURT v. UNITED STATES OF AMERICA et al

Filing 3

ORDER OF DISMISSAL granting 2 Motion for Leave to Proceed in forma pauperis By JUDGE GEORGE Z. SINGAL. (lrc)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE TYRONE HURT, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants. ) ) ) ) ) Docket no. 1:14-cv-498-GZS ) ) ) ) ORDER OF DISMISSAL Before the Court is Plaintiff’s Complaint, contained within the Complaint is an “affidavit of poverty,” which the Court generously construes as application to proceed in forma pauperis. The Court assumes that Plaintiff’s financial information is as represented in his most recently filed application to proceed in forma pauperis (ECF No. 4 in D. Me. Docket # 1:14-cv-416-GZS). Therefore, the Application to Proceed In Forma Pauperis (ECF No. 2) is hereby GRANTED. Upon the Court’s review of the Complaint, the Court concludes this case must be DISMISSED in accordance with 28 U.S.C. § 1915(e)(2). To the extent that the handwritten Complaint contains any discernable allegations, it appears that Plaintiff is attempting to bring a Bivens action against the United States of America. Attached to the Complaint are three letters Plaintiff apparently received from the President in response to his letters. Based on these attachments, the Court concludes that Plaintiff believes he has a claim related to firearms and/or ISIL. In short, the Complaint simply fails to allege any facts that give rise to a plausible claim of against the named defendant. Rather, the Complaint is apparently frivolous. Thus, the Court concludes the present Complaint fails to state a claim and must be DISMISSED. Additionally, the Court certifies that any appeal from this Order would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). SO ORDERED. /s/ George Z. Singal United States District Judge Dated this 24th day of November, 2014.

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