Warren v. Federal Government
OPINION 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 it is legal ly frivolous and fails to state a claim upon which relief can be granted. See 28 U.S.C. § 1915(e)(2)(B). A separate Order of Dismissal shall accompany this Memorandum and Order. 2 Signed by District Judge Henry E. Autrey on 8/27/13. (CLA)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
REV. CALVIN WARREN,
FEDERAL GOVERNMENT, et al.,
OPINION, MEMORANDUM AND ORDER
This matter is before the Court on the motion of Rev. Calvin Warren for leave
to commence this action without prepayment of the filing fee pursuant to 28 U.S.C.
§ 1915 [Doc. #2]. The Court will grant plaintiff in forma pauperis status. For the
reasons stated below, the Court will dismiss this action pursuant to 28 U.S.C. §
28 U.S.C. § 1915(e)
Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court must dismiss a complaint
filed in forma pauperis if the action is frivolous, malicious, fails to state a claim upon
which relief can be granted, or seeks monetary relief from a defendant who is immune
from such relief. An action is frivolous if it "lacks an arguable basis in either law or
fact." Neitzke v. Williams, 490 U.S. 319, 328 (1989). An action is malicious if it is
undertaken for the purpose of harassing the named defendants and not for the purpose
of vindicating a cognizable right. Spencer v. Rhodes, 656 F. Supp. 458, 461-63
(E.D.N.C. 1987), aff'd 826 F.2d 1059 (4th Cir. 1987). An action fails to state a claim
upon which relief can be granted if it does not plead “enough facts to state a claim to
relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544,570
To determine whether an action fails to state a claim upon which relief can be
granted, the Court must engage in a two-step inquiry. First, the Court must identify
the allegations in the complaint that are not entitled to the assumption of truth.
Ashcroft v. Iqbal, 129 S. Ct. 1937, 1950-51 (2009).
These include "legal
conclusions" and "[t]hreadbare recitals of the elements of a cause of action [that are]
supported by mere conclusory statements." Id. at 1949. Second, the Court must
determine whether the complaint states a plausible claim for relief. Id. at 1950-51.
This is a "context-specific task that requires the reviewing court to draw on its
judicial experience and common sense." Id. at 1950. The plaintiff is required to
plead facts that show more than the "mere possibility of misconduct." Id. The Court
must review the factual allegations in the complaint "to determine if they plausibly
suggest an entitlement to relief."
Id. at 1951.
When faced with alternative
explanations for the alleged misconduct, the Court may exercise its judgment in
determining whether plaintiff's conclusion is the most plausible or whether it is more
likely that no misconduct occurred. Id. at 1950, 51-52.
In reviewing a pro se complaint under § 1915(e)(2)(B), the Court must give the
complaint the benefit of a liberal construction. Haines v. Kerner, 404 U.S. 519, 520
(1972). The Court must also weigh all factual allegations in favor of the plaintiff,
unless the facts alleged are clearly baseless. Denton v. Hernandez, 504 U.S. 25, 3233 (1992).
Plaintiff seeks nine hundred trillion dollars in this action brought for the
violation of his constitutional rights.
The named defendants are the Federal
Government, President Barack Obama and his entire Administration, “Marshell
Obama,” Jessie Jackson, Jr., “the whole prejudice black race,” “the whole prejudice
white race,” Joyce Rogers, James Williams, “the Nation of Islam,” Unknown Faracon,
Dr. Elijah Mahumet, Ned Graham, and Franklin Graham.
Plaintiff alleges that defendants are plotting to murder his brother, Rev. John
Warren, while he is in intensive care in a hospital in Little Rock, Arkansas. In
addition, plaintiff claims that the Obama Administration is “using racism, terrorism,
and satanism against [his] brother,” and defendants have assaulted plaintiff’s brother
with brass knuckles.
Although a pro se complaint is to be liberally construed, the complaint must
contain a short and plain summary of facts sufficient to give fair notice of the claim
asserted. Means v. Wilson, 522 F.2d 833, 840 (8th Cir. 1975). The Court will not
supply additional facts or construct a legal theory for plaintiff that assumes facts that
have not been pleaded.
Having carefully reviewed the complaint, the Court
concludes that plaintiff’s factual allegations are delusional and fail to state a claim or
cause of action under 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of
Fed. Bureau of Narcotics,403 U.S. 388 (1971). For these reasons, the complaint will
be dismissed, without prejudice.
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 it is legally frivolous and fails to state
a claim upon which relief can be granted. See 28 U.S.C. § 1915(e)(2)(B).
A separate Order of Dismissal shall accompany this Memorandum and Order.
Dated this 27th day of August, 2013.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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