Motan v. Catholic Archdiocese

Filing 5

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. 2 ] is GRANTED. IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [ECF No. 4 ] is DENIED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed separately. Signed by District Judge E. Richard Webber on 04/08/2015. (CBL)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ABEER MOTAN, Plaintiff, v. CATHOLIC ARCHDIOCESE, Defendant, ) ) ) ) ) ) ) ) ) No. 4:15CV00587 ERW MEMORANDUM AND ORDER Plaintiff moves for leave to proceed in forma pauperis in this civil action under 42 U.S.C. § 1983. The request is granted. Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted. An action is frivolous if the facts alleged are “clearly baseless”; allegations are clearly baseless if they are “fanciful,” “delusional,” or “fantastic.” Denton v. Hernandez, 504 U.S. 25, 32-33 (1992). Plaintiff alleges that the Catholic Archdiocese is engaged in a vast conspiracy with “the Jews,” the “Illuminatis,” and a multitude of other entities to make her homeless and to otherwise discriminate against her, such as “sabotaging [her] food/air/drinks.” She seeks $77 trillion in damages. The complaint is fantastic and delusional, and therefore, it is factually frivolous under Denton. As a result, the Court dismisses this action without further proceedings. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for leave to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that plaintiff’s motion for appointment of counsel [ECF No. 4] is DENIED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed separately. So Ordered this 8th day of April, 2015. E. RICHARD WEBBER SENIOR UNITED STATES DISTRICT JUDGE 2

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