Giger v. Allred

Filing 4

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff Thomas Giger motion is GRANTED. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue, because the complaint 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.. Signed by District Judge Rodney W. Sippel on 5/30/14. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
THOMAS GIGER,
Plaintiff,
v.
WAYNE ALLRED,
Defendant.

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No. 4:14-CV-854-RWS

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff=s motion for leave to commence
this action without prepayment of the filing fee [Doc. #2]. Upon consideration of the
financial information provided with the motion, the Court finds that plaintiff is
financially unable to pay any portion of the filing fee. As a result, plaintiff will be
granted leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915.
Additionally, after carefully reviewing the complaint, the Court will dismiss this
action pursuant to 28 U.S.C. ' 1915(e)(2)(B).
28 U.S.C. ' 1915(e)
Pursuant to 28 U.S.C. ' 1915(e)(2)(B), the Court may 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 against a defendant who is
immune from such relief. An action is frivolous if Ait lacks an arguable basis in

either law or in fact.@ Neitzke v. Williams, 490 U.S. 319, 328 (1989). An action
fails to state a claim upon which relief can be granted if does not plead Aenough facts
to state a claim to relief that is plausible on its face.@ Bell Atlantic Corp. V.
Twombly, 127 S. Ct. 1955, 1974 (2007).
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, 32-33 (1992).
Discussion
Plaintiff brings this action, titled "Suit in Common Law A Seventh and
Eleventh Amendment Right," for monetary damages against defendant Wayne
Allred. Having carefully reviewed the complaint, the Court finds it impossible to
ascertain the nature of plaintiff=s allegations.1

1

The complaint is basically a list of random phrases, such as "Suit in law,
matter in controversy Deprivation of Entitlements, Deprivation of rights secured by
the Constitution, Truss-pass, denial of Due Process, Interference with the Right to
Contract." In addition, plaintiff claims that he is "a Soul Sentient Real Man with
unimaginable entitlements" and states that "the rules of any Corporation and or
policy/and or procedures were not meant for me the real man." The Court finds no
allegations against the named defendant, Wayne Allred. In addition, plaintiff has
attached an affidavit to the complaint in which he attests that he is the "executor of
the deceased Artificial entity" and that he has "not been lost at sea, that [he is] not at
2

The Federal Rules of Civil Procedure require litigants to formulate their
pleadings in an organized and comprehensible manner. Even pro se litigants are
obligated to plead specific facts and proper jurisdiction and must abide by the
Federal Rules of Civil Procedure; however, plaintiff has failed to do so in this case.
See U.S. v. Wilkes, 20 F.3d 651, 653 (5th Cir. 1994); Fed.R.Civ.P. 8(a)(2)(complaint
should contain short and plain statement of claims); Fed.R.Civ.P. 8(e)(2)(each claim
shall be simple, concise, and direct); Fed.R.Civ.P. 10(b)(parties are to separate their
claims within their pleadings Athe contents of which shall be limited as far as
practicable to a single set of circumstances@). Although the Court is to give
plaintiff=s complaint the benefit of a liberal construction, the Court will not create
facts or claims that have not been alleged. Plaintiff is required to set out not only
his alleged claims in a simple, concise, and direct manner, but also the facts
supporting his claims as to each named defendant. Because plaintiff has failed to
do so, and the complaint is nonsensical, the Court will dismiss this action as legally
frivolous.
Accordingly,
IT IS HEREBY ORDERED that plaintiff=s motion to proceed in forma
pauperis [Doc. #2] is GRANTED.
this present time lost at sea, and that [he] shall never be construed, considered, and or
conjured to be lost at sea."
3

IT IS FURTHER ORDERED that the Clerk shall not issue process or cause
process to issue, because the complaint 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 30th day of May, 2014.

UNITED STATES DISTRICT JUDGE

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