Johnson v. Obama et al

Filing 6

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint because the complaint is frivolous. An appropriate Order of Dismissal shall accompany this Memorandum and Order. Signed by Honorable Catherine D. Perry on 12/14/2010. (KMS)

Johnson v. Obama et al

Doc. 6

UNITED STATES DISTRICT COURT E A ST E R N DISTRICT OF MISSOURI E A ST E R N DIVISION JE FFR E Y L. G. JOHNSON, P l a i n t i f f, v. B A R A C K H. OBAMA, et al., D e fe n d a n t s . ) ) ) ) ) ) ) ) )

N o. 4:10CV2303 CDP

M E M O R A N D U M AND ORDER T his matter is before the Court on its initial review of plaintiff's pro se complaint and application for leave to proceed in forma pauperis. Pursuant to 28 U .S.C . § 1915(e), the Court is required to dismiss a complaint upon a determination that it, among other grounds, is frivolous. See 28 U.S.C. § 1915(e)(2)(B). Plaintiff, a resident of St. Louis, Missouri, purports to be an "executor." He sues several categories of high-level government officials, including the current and former presidents of the United States, justices of the Supreme Court, speakers of the U .S . House of Representatives, attorneys general, directors of the Central Intelligence Agency, directors of the Federal Bureau of Investigation and various others. Plaintiff summarizes his lengthy complaint as "charg[ing] the Defendants [w ith] knowingly and recklessly participating in a conspiracy with state actors of the State of Missouri in a scheme stemming from the initial defrauding of an estate, to

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ex ec uting a domestic surveillance and intercept program by the Defendant, (U.S.), under a shroud of secrecy by the federal Courts, the office of the Chief Executive of the President(s), the U.S. Congress and State actors of the State of Missouri from 1 9 8 8 - p re se n t. " Complaints that describe fantastic or delusional scenarios or contain "fanciful factual allegation[s]" are subject to dismissal under 28 U.S.C. § 1915(e)(2). Neitzke v. Williams, 490 U.S. 319, 325 (1989); see also, Denton v. Hernandez, 504 U.S. 25, 32-33 (1992). This complaint qualifies for such treatment and, thus, will be d ism isse d . A c c o rd in g ly , IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint because the complaint is frivolous. A n appropriate Order of Dismissal shall accompany this Memorandum and O rder. D ated this 14th day of December, 2010.

C A T H E R IN E D. PERRY U N IT E D STATES DISTRICT JUDGE
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