Mercier v. Federal Bureau of Investigation

Filing 2

REPORT AND RECOMMENDATIONS and ORDER granting 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis. Clerk shall file complaint. Objections to R&R due by 4/15/2007 Signed by Judge George W Foley Jr. on 3/26/07. (AAB)

Mercier v. Federal Bureau of Investigation

Doc. 2

Case 2:07-cv-00368-LRH-GWF

Document 2

Filed 03/30/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I. Screening the Complaint Upon granting a request to proceed in forma pauperis, a court must additionally screen a GEORGE MERCIER, ) ) Plaintiff, ) ) vs. ) ) THE FEDERAL BUREAU ) OF INVESTIGATION, ) ) Defendants. ) __________________________________________)

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Case No. 2:07-cv-00368-LRH-GWF ORDER & FINDINGS AND RECOMMENDATIONS (Application to Proceed In Forma Pauperis, Supporting Documentation and Order - #1)

This matter is before the Court on Plaintiff's Application to Proceed in Forma Pauperis (#1), filed on March 22, 2007. Pursuant to 28 U.S.C. § 1915, the Court finds that Plaintiff is unable to prepay the filing fee. DISCUSSION

19 complaint pursuant to 28 U.S.C. § 1915(e). Specifically, federal courts are given the authority to dismiss 20 a case if the action is legally "frivolous or malicious," fails to state a claim upon which relief may be 21 granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 22 1915(e)(2). A complaint, or portion thereof, should be dismissed for failure to state a claim upon which 23 relief may be granted "if it appears beyond a doubt that the plaintiff can prove no set of facts in support 24 of his claims that would entitle him to relief." Buckey v. Los Angeles, 968 F.2d 791, 794 (9th Cir. 1992). 25 A complaint may be dismissed as frivolous if it is premised on a nonexistent legal interest or delusional 26 factual scenario. Neitzke v. Williams, 490 U.S. 319, 327­28 (1989). Moreover, "a finding of factual 27 frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly 28 incredible, whether or not there are judicially noticeable facts available to contradict them." Denton, 504

Dockets.Justia.com

Case 2:07-cv-00368-LRH-GWF

Document 2

Filed 03/30/2007

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1 U.S. at 33. When a court dismisses a complaint under § 1915(e), the plaintiff should be given leave to 2 amend the complaint with directions as to curing its deficiencies, unless it is clear from the face of the 3 complaint that the deficiencies could not be cured by amendment. See Cato v. United States, 70 F.3d 4 1103, 1106 (9th Cir. 1995). 5 Plaintiff alleges that the New York Times printed a "very pornful and indecent" large photograph

6 of Steve Wynn and Al Gore. Plaintiff also alleges that the New York Times printed an article about how 7 the Federal Bureau of Investigation ("FBI") is being criticized for abuses of eavesdropping. Plaintiff 8 alleges the FBI has violated his civil rights by eavesdropping on him. As a result, Plaintiff impeaches 9 several presidential candidates, Donald Trump, Sam Webb, Mel Martinez, Mike Duncan, Howard Dean, 10 Jon Huntsman, Jr., Elliot Spitzer, Jim Gibbons, and Steve Wynn for obtaining information of Plaintiff 11 collected by the FBI. 12 Plaintiff alleges that the FBI has defamed him, Ceasar [sic] Chavez, Marilyn Monroe, and Marisa

13 Mercier. Plaintiff alleges that the FBI lied and deleted any reference of Chavez serving in the U.S. 14 Armed Forces. Plaintiff also alleges that the FBI supports "Aliens" by withholding information that 15 Charles de Gaulle of France murdered Monroe through the use of a brain impalement. Based on the 16 FBI's cover up of Chavez and Monroe, Plaintiff asserts that the FBI has collected false information 17 about him. Plaintiff impeaches all FBI agents for revealing information about Plaintiff. 18 IT IS HEREBY ORDERED that Plaintiff's Application to Proceed in Forma Pauperis is

19 granted. Plaintiff shall not be required to pre-pay the full filing fee of Three Hundred Fifty Dollars 20 ($350.00). 21 22 23 IT IS FURTHER ORDERED that the Clerk of the Court shall file the Complaint. RECOMMENDATION Based on the foregoing, it is the recommendation of the undersigned United States Magistrate

24 Judge that the Complaint should be dismissed with prejudice based on an indisputably meritless legal 25 theory and frivolity. 26 27 28 GEORGE FOLEY, JR. UNITED STATES MAGISTRATE JUDGE 2 DATED this 26th day of March, 2007.