Britt-Bey v. Slay et al

Filing 7

MEMORANDUM AND ORDER re: 5 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Ronald Bernard Britt-Bey; motion is GRANTED. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 5] is GRANTED. IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $1.00 within twenty-one (21) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States Dist rict Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed forthwith.(Initial Partial Filing Fee due by 1/20/2017.) Signed by District Judge Stephen N. Limbaugh, Jr on 12/30/16. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RONALD BERNARD BRITT-BEY,
Plaintiff,
v.
FRANCES R. SLAY, et al.,
Defendants,

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No. 4:16-CV-1899 SNLJ

MEMORANDUM AND ORDER
Plaintiff, a prisoner, seeks leave to proceed in forma pauperis in this civil action under 42
U.S.C. § 1983. Having reviewed plaintiff’s financial information, the Court assesses a partial
initial filing fee of $1.00. See 28 U.S.C. § 1915(b); Henderson v. Norris, 129 F.3d 481(8th Cir.
1997).
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.
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). An action is factually frivolous if the facts alleged are “clearly
baseless”; alleged facts are clearly baseless if they are “fanciful,” “delusional,” or “fantastic.”
Denton v. Hernandez, 504 U.S. 25, 32–33 (1992).
The Complaint
The complaint is a litany of irrational conspiracy theories involving government officials
and other entities. For example, plaintiff says St. Louis Mayor Francis Slay subjects inmates at
the St. Louis Medium Security Institution to tuberculosis tests for purposes of “medical

experimentation,” for which he receives personal compensation.

His allegations include

references involving both Tiger Woods and “Tony the Tiger,” the cartoon mascot for Kellog’s
Frosted Flakes. And he says that a prominent American bank supports the genocide of Muslim
babies by stabbing them with spears.
Discussion
The allegations in the complaint are delusional. Therefore, this action is dismissed as
frivolous.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis [ECF
No. 5] is GRANTED.
IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $1.00
within twenty-one (21) days of the date of this Order. Plaintiff is instructed to make his
remittance payable to “Clerk, United States District Court,” and to include upon it: (1) his name;
(2) his prison registration number; (3) the case number; and (4) that the remittance is for an
original proceeding.1
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed forthwith.
Dated this 30th day of December, 2016.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
1

Prisoners must pay the full amount of the $350 filing fee. After payment of the initial partial
filing fee, the prisoner is required to make monthly payments of 20 percent of the preceding
month’s income credited to the prisoner’s account. The agency having custody of the prisoner
will deduct the payments and forward them to the Court each time the amount in the account
exceeds $10. 28 U.S.C. § 1915(b)(2).
2