Moody v. Federal Bureau of Investigation

Filing 5

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 3 is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed separately. Signed by District Judge Catherine D. Perry on 4/4/16. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MARTEZ A. MOODY,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
FEDERAL BUREAU OF
INVESTIGATION,
Defendant.

No. 4:16CV427 CDP

MEMORANDUM AND ORDER
Plaintiff seeks leave to proceed in forma pauperis in this civil action. The motion is
granted. Additionally, this action is dismissed.
Standard of Review
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.
To state a claim for relief under § 1983, a complaint must plead more than “legal conclusions”
and “[t]hreadbare recitals of the elements of a cause of action [that are] supported by mere
conclusory statements.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

A plaintiff must

demonstrate a plausible claim for relief, which is more than a “mere possibility of misconduct.”
Id. at 679. “A claim has facial plausibility when the plaintiff pleads factual content that allows
the court to draw the reasonable inference that the defendant is liable for the misconduct
alleged.” Id. at 678. Determining whether a complaint states a plausible claim for relief [is] a
context-specific task that requires the reviewing court to draw on its judicial experience and
common sense. Id. at 679.

The Complaint
Plaintiff alleges that FBI agents inserted a “federal equipment device” into his brain to
read his thoughts and control his actions. He says the FBI forced him to do several unsafe and
humiliating things while under its control.

He claims he has developed severe medical

conditions and has not been able to find gainful employment as a result.
Discussion
The allegations in the complaint are duplicative of the allegations plaintiff brought in the
case Moody v. FBI, No 4:16CV325 RLW (E.D. Mo.), which the Court dismissed pursuant to 28
U.S.C. § 1915(e). As a result, the complaint will be dismissed as duplicative. E.g., Cooper v.
Delo, 997 F.2d 376, 377 (8th Cir. 1993).
Additionally, the allegations are delusional and must be dismissed as frivolous. See
Denton v. Hernandez, 504 U.S. 25, 32-33 (1992).
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF
No. 3] is GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed separately.
Dated this 4th day of April, 2016.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

2