Swanson et al v. American Bar Association et al

Filing 5

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that plaintiffs motion for appointment of counsel [ECFNo. 3] is DENIED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed separately. 2 3 Signed by District Judge Jean C. Hamilton on 1/29/16. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SWAN SWANSON, et al.,
Plaintiffs,
v.
AMERICAN BAR ASSOCIATION, et al.,
Defendants.

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No. 4:16CV108 JCH

MEMORANDUM AND ORDER
Plaintiffs seek leave to proceed in forma pauperis in this civil action. The request is
granted. Additionally, the complaint is dismissed under 28 U.S.C. § 1915(e).
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 it “lacks an arguable basis in either law or fact.” Neitzke v. Williams, 490
U.S. 319, 328 (1989).
The allegations in the complaint are incomprehensible. There is no indication, either in
the complaint or the exhibits, that the complaint concerns any activities that might have occurred
in this District. After thoroughly reviewing the complaint, it is plainly clear that it is patently
meritless.1 As a result, the Court finds that this action must be dismissed as legally frivolous.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion to proceed in forma pauperis [ECF
No. 2] is GRANTED.

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The Court notes that the United States District Court for the Northern District of New York has
enjoined plaintiff Mazzeo Unum from filing civil actions there because of his history of filing
bad faith litigation. In re Mazzeo Unum, No. 1:14-af-4 (N.D.N.Y.).

IT IS FURTHER ORDERED that plaintiffs’ motion for appointment of counsel [ECF
No. 3] is DENIED.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed separately.
Dated this 29th day of January, 2016.
/s/ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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