McMath v. Christian Jehovah's Witnesses et al
Filing
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. # 3 ] is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. See 28 U.S.C. § 1915(e)(2)(B). IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [Doc. # 2 ] is DENIED AS MOOT. An Order of Dismissal will be filed separately.. Signed by District Judge John A. Ross on 9/8/17. (KKS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SHEILA McMATH,
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Plaintiff,
v.
CHRISTIAN JEHOVAH'S WITNESS,
et al.,
Defendants.
No. 4:17-CV-2288 JAR
MEMORANDUM AND ORDER
Plaintiff seeks leave to proceed in forma pauperis in this civil action. The motion is
granted. Additionally, this action is dismissed as frivolous.
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.
Allegations are frivolous if they are delusional or based in fantasy. See Denton v. Hernandez,
504 U.S. 25, 32-33 (1992).
The Complaint
This is the fifth frivolous action that plaintiff has filed alleging that she has been
subjected to ''terrorism" by several individuals. See McMath v. Woodford, 4:15CV552 ERW
(E.D. Mo.); McMath v. Campbell, 4:15CV853 AGF (E.D. Mo.); McMath v. United States
Immigration Department, 4:15CV1860 JAR (E.D.Mo.); McMath v. United States Immigration
Department; 4:17CV0150 JAR (E.D.Mo.).
In this case, plaintiff alleges that, ''New immigrants 1990-2017- Exchange students. They
have followed bank, court, restaurants . . . illegal reject my court proceeding case against
harassment terrorism." Plaintiff further claims that she has been oppressed by Jehovah Witnesses
and received an eviction notice by her landlord. She asserts that it was generally illegal for
unnamed entities to reject her an education and deny her grants. She states in a conclusory
statement that she has been denied employment at various businesses in St. Louis, although she
has not stated that the businesses acted unlawfully when they did so. It appears that plaintiff
believes that her claims somehow relate to the "illegal immigrants" or the "Jehovah's
Witnesses."
Discussion
The allegations in the complaint are delusional and based entirely in fantasy. Therefore,
this case must be dismissed under 28 U.S.C. § 1915(e) just as the four prior cases were before
this one.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [Doc. #
3] is GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. See 28
U.S.C. § 1915(e)(2)(B).
IT IS FURTHER ORDERED that plaintiffs motion for appointment of counsel [Doc.
#2] is DENIED AS MOOT.
An Order of Dismissal will be filed separately.
Dated this 8th day of September, 2017.
oss
STATES DISTRICT JUDGE
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