Akinro v. Maryland Transit Administration

Filing 3

MEMORANDUM OPINION. Signed by Judge William D Quarles, Jr on 5/27/10. (bmh, Deputy Clerk)(c/m 5/27/10)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION * FRANCIS AKINRO, Plaintiff, v. MARYLAND TRANSIT ADMINISTRATION, et al., Defendants. * * * * * * * * * * * * * * * * * * * CIVIL NO.: WDQ-10-1268

MEMORANDUM OPINION On May 17, 2010, Francis Akinro,1 pro se, sued the Maryland Transit Administration2 and moved for leave to proceed in forma pauperis.3 Paper Nos. 1 & 2. The complaint alleges a "plot by

MTA bus driver to kill [Akinro] and the people in proposed

1

Akinro claims to be "U.S. Solicitor General," "Assistant Attorney General," and a "Professor." See Compl. 3-4, Ex. 1 at 1.
2

The arrest warrant attached to the Complaint names over 50 individuals--including a federal court judge, "Mrs. Barbara Bush," and several Nigerian citizens. See Compl., Ex. 3.
3

Akinro states that he (1) receives $3,063 per month in retirement income, (2) has been employed by the U.S. Department of Justice since July 2009, and (3) has about $200,000 in the bank. Paper No. 2 at 2. Although Akinro's indigency application contains questionable information, the Court will grant him leave to proceed in forma pauperis.

order."

Compl. 2.4

As relief, Akinro seeks (1) "ninety hundred

and ninety seven thousand trillion[] dollar[s]" in damages, and (2) sentences of life imprisonment for the individual defendants. Id. at 4. An arrest warrant is attached to the

Complaint, which invokes the Federal Rules of Criminal Procedure and the "California Penal Code." Id. at Ex. 3.

Prior to the service of process, federal courts may dismiss sua sponte claims filed in forma pauperis "if satisfied that the action is frivolous or malicious." Neitzke v. Williams, 490

U.S. 319, 324 (1989); see also 28 U.S.C. § 1915(e)(2).5 Factually baseless lawsuits include those "describing fantastic or delusional scenarios, with which federal district judges are all too familiar." Id. at 328.

Even giving the Complaint and its attachments a generous construction, the Court finds no basis to permit the action to continue or to allow supplementation.6 The Complaint is replete

4

An attached statement further alleges threats to Akinro's life by (1) an MTA bus driver; (2) people "in every state, federal, and international court including United Nations which I summon in year 2001 when their killing for meat to United States is centered on my family;" and (3) MTA policemen who "appear[ed] from underground as [he] was ent[ering] a clothing store inside the gathering to kill [him]." Id. at 3.
5

See also Denton v. Hernandez, 504 U.S. 25, 33 (1992); Cochran v. Morris, 73 F.3d 1310, 1314 (4th Cir. 1996); Nasim v. Warden, 64 F.3d 951, 954-55 (4th Cir. 1995).

6

In his civil cover sheet, Akinro alleges "genocide by MTA driver and policemen at Route 35 and Mandawmin Mill in violation 2

with fanciful and delusional allegations. be dismissed under 28 U.S.C. § 1915(e)(2).

Accordingly, it shall

May 27, 2010 Date

_________/s/_________________ William D. Quarles, Jr. United States District Judge

of 18 U.S.C. § 50a punishable under section 228." 4. This Code section does not exist. 3

Compl., Ex.