Thornton v. United States

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 Citizenship Confirmation" [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 Ronnie L. White on 2/27/2017. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

GERALD CONROD THORNTON,
Plaintiff,
v.
UNITED STATES,
Defendant.

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No. 4:16-CV-2169 RLW

MEMORANDUM AND ORDER

Plaintiff seeks leave to proceed in forma pauperis in this civil action against
the United States. The motion is granted. Additionally, this action is dismissed
under 28 U.S.C. § 1915(e).
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.
The Complaint

The complaint is incomprehensible. However, it appears that plaintiff may
be complaining that he was denied certiorari by the Supreme Court of the United
States. He also refers to the United States as "Master" and mentions his status as a
United States citizen.

In addition, he has filed a "Motion for Citizenship Confirmation." He has
attached his birth certificate and other documents. It appears he is asking the Court
to make a determination as to his citizenship.
Discussion

The Complaint is legally frivolous.

The Court has no jurisdiction to

determine whether plaintiff was properly denied certiorari or whether he is a
citizen of the United States. Therefore, this action must be dismissed.
Accordingly,
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 Citizenship
Confirmation" [ECF No. 4] is DENIED.
IT IS FURTHER ORDERED that this action is DISMISSED without
prejudice.
An Order of Dismissal will be filed separately.
Dated

this~y ofFebruary, 2017.

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-EL.WHITE

UNITED STATES DISTRICT JUDGE

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