Banks et al v. New York Police Department et al

Filing 2

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is granted. The clerk shall file the petition for a writ of mandamus. FURTHER ORDERED that this action is DISMISSED. The clerk shall enter judgment accordingly. Signed by Judge Lloyd D. George on 6/15/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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UNITED STATES ex rel. FREDERICK
BANKS, et al.,

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Case No. 2:15-cv-00151-LDG-CWH
Plaintiffs,

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ORDER
vs.

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NEW YORK POLICE DEPARTMENT, et
al.,
Defendants.

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Plaintiffs have submitted an application to proceed in forma pauperis (#1) and a petition for

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a writ of mandamus. The court finds that plaintiffs are unable to pay the filing fee. The court has

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reviewed the petition, and the court will dismiss the action.

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The petition contains five counts. The first two counts are purported charges of murder and

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manslaughter for the deaths of two men, Eric Garner and Michael Brown, which had received

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national attention. Plaintiffs invoke 18 U.S.C. § 1111. This is a statute of criminal law that does

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not give plaintiffs a private right of action. Furthermore, these two counts suffer from the same

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defect as the other three counts, described below.

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The other three counts involve plaintiffs themselves. All three counts describe events that

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did not occur in the District of Nevada, if they occurred at all.1 The District of Nevada is not the

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correct venue for this action. See 28 U.S.C. § 1391. The court does not find it to be in the interests

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Count 4 contains some plainly frivolous allegations of a government conspiracy to use
microwaves to read plaintiffs’ minds.

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of justice to transfer this action to the correct district. Plaintiffs’ allegations border on the frivolous,

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if not cross over into frivolity, and a transfer would merely waste other judicial resources.

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IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (#1) is
GRANTED. Petitioner need not pay the filing fee of five dollars.

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IT IS FURTHER ORDERED that the clerk of the court shall file the petition for a writ of
mandamus.

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IT IS FURTHER ORDERED that this action is DISMISSED. The clerk of the court shall
enter judgment accordingly.

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IT IS FURTHER ORDERED that an appeal from the judgment would not be taken in good
faith.
DATED:

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_________________________________
LLOYD D. GEORGE
United States District Judge

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