Moody v. Federal Bureau of Investigation St. Louis Office

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, because the complaint is legally frivolous and fails to state a claim upon which relief can be granted. IT IS FURTHER ORDERED that plaintiffs motion for appointment of counsel [Doc. #4] is DENIED as moot. Signed by District Judge Ronnie L. White on 03/15/2016(KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MARTEZ ANTWOINE MOODY,

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Plaintiff,
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v.
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FEDERAL BUREAU OF
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INVESTIGATION ST. LOUIS OFFICE,)
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Defendant.
)

No. 4:16-CV-325-RLW

MEMORANDUM AND ORDER
This matter is before the Court on the application ofMartez Antwoine Moody
for leave to commence this action without prepayment of the filing fee pursuant to
28 U.S.C. § 1915. Upon consideration of the financial information provided with
the application, 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, the Court has reviewed the
complaint and will dismiss it as legally frivolous 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 ifthe 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 "it lacks an arguable basis in
either law or in fact." Neitzke v. Williams, 490 U.S. 319, 328 (1989).
In reviewing a prose 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).
The Complaint
Plaintiff alleges that the FBI "gave highly classified federal equipment to [his]
family members and other persons with whom [he] had no kinship." Plaintiff
claims that "[t]his federal equipment is placed inside of the ear and goes directly to
the brain for control of the brain." Plaintiff summarily alleges that "[t]hey used this
federal equipment in order to gather illegal information, harm, and/or to extort from
[him]."

Plaintiff claims he "will need security and permanent medical and

psychological treatment for the rest of [his] life."
The factual allegations of the complaint are conclusory, fanciful, and
delusional. As such, the complaint will be dismissed as legally frivolous and for
failure to state a claim or cause of action. See Denton, 504 U.S. at 32-33.
Accordingly,

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, because the complaint is legally frivolous and fails to state a claim
upon which relief can be granted.

IT IS FURTHER ORDERED that plaintiffs motion for appointment of
counsel [Doc. #4] is DENIED as moot.
A separate~ of Dismissal shall accompany this Memorandum and Order.
Dated this _._day of March, 2016.

RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE