Cram v. US

Filing 15

ORDER that 9 Plaintiff Barbara Ruth Cram's Application for Leave to Proceed in forma pauperis is GRANTED. REPORT AND RECOMMENDATION that Plaintiff Barbara Ruth Cram's Complaint (ECF No. 1-1) and its supplements (ECF Nos. 12 , 14 ) b e DISMISSED WITH PREJUDICE as delusional and frivolous. FURTHER RECOMMENDED that all pending motions (ECF Nos. 2 , 3 , and 4 ) in the case be DENIED as moot. Objections to R&R due by 11/30/2017. Signed by Magistrate Judge Carl W. Hoffman on 11/16/2017. (Copies have been distributed pursuant to the NEF - MMM)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 BARBARA RUTH CRAM, ) ) Plaintiff, ) ) vs. ) ) US, ) ) Defendant. ) __________________________________________) Case No. 2:17-cv-02444-JAD-CWH REPORT & RECOMMENDATION 12 13 Presently before the court is pro se plaintiff Barbara Ruth Cram’s application to proceed in 14 forma pauperis (ECF No. 9), filed on October 6, 2017. Plaintiff has submitted the declaration 15 required by 28 U.S.C. § 1915(a) showing an inability to prepay fees and costs or give security for 16 them. Accordingly, Plaintiff’s request to proceed in forma pauperis will be granted. 17 Upon granting a request to proceed in forma pauperis, a court must screen the complaint 18 under 28 U.S.C. § 1915(e)(2). In screening the complaint, a court must identify cognizable claims 19 and dismiss claims that are frivolous, malicious, file to state a claim on which relief may be 20 granted, or seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. 21 § 1915(e)(2). A complaint is frivolous if it contains “claims whose factual contentions are clearly 22 baseless,” such as “claims describing fantastic or delusional scenarios.” Neitzke v. Williams, 490 23 U.S. 319, 327-28 (1989). 24 Dismissal for failure to state a claim under § 1915(e)(2) incorporates the standard for 25 failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Watison v. Carter, 668 F.3d 26 1108, 1112 (9th Cir. 2012). To survive § 1915 review, a complaint must “contain sufficient factual 27 matter, accepted as true, to state a claim to relief that is plausible on its face.” See Ashcroft v. 28 Iqbal, 556 U.S. 662, 678 (2009). The court liberally construes pro se complaints and may only 1 dismiss them “if it appears beyond doubt that the plaintiff can prove no set of facts in support of his 2 claim which would entitle him to relief.” Nordstrom v. Ryan, 762 F.3d 903, 908 (9th Cir. 2014) 3 (quoting Iqbal, 556 U.S. at 678). 4 Here, Ms. Cram filed a complaint, which does not contain any factual allegations, and two 5 supplements to the complaint. (Compl. (ECF No. 1-1); Supp. to Compl. (ECF No. 12); Supp. to 6 Compl. (ECF No. 14).). In the first supplement, Ms. Cram requests a “turnkey house on the Hopi 7 home” with a maid and a gardener. (ECF No. 12 at 1.) In the second supplement, Ms. Cram 8 alleges that while sleepwalking, she saw a property where more than 1,000 babies were murdered 9 or gravely injured at the hands of 3,000 people, “3 to a baby.” (ECF No. 14 at 1.) She further 10 alleges that she and a girlfriend were followed to be killed, that someone tried to rape her girlfriend 11 many times, and that she was raped 1,500 times. (Id. at 2.) Ms. Cram makes various other 12 allegations regarding being disemboweled, needing money and a home, events dating back to the 13 early twentieth century, and “engulfment,” though it is unclear to the court what Ms. Cram is 14 referencing when she uses this term. (Id. at 2-17.) 15 Even liberally construing Ms. Cram’s complaint and supplements, the court finds that her 16 factual allegations describe fantastic and delusional scenarios and do not state a claim upon which 17 relief can be granted. Given that Ms. Cram’s complaint does not set forth a plausible claim, it is 18 recommended that the complaint be dismissed with prejudice because amendment would be futile. 19 See Lopez v. Smith, 203 F.3d 1122, 1126 (9th Cir. 2000) (stating that a district court is not required 20 to provide leave to amend a complaint if the complaint could not possibly be cured by the 21 allegation of other facts). 22 23 24 IT IS THEREFORE ORDERED that Plaintiff Barbara Ruth Cram’s application to proceed in forma pauperis (ECF No. 9) is GRANTED. IT IS RECOMMENDED that Plaintiff Barbara Ruth Cram’s Complaint (ECF No. 1-1) and 25 its supplements (ECF Nos. 12, 14) be DISMISSED WITH PREJUDICE as delusional and 26 frivolous. 27 28 IT IS FURTHER RECOMMENDED that all pending motions (ECF Nos. 2-4) in the case be DENIED as moot. 2 1 NOTICE 2 This report and recommendation is submitted to the United States district judge assigned to 3 this case under 28 U.S.C. § 636(b)(1). A party who objects to this report and recommendation may 4 file a written objection supported by points and authorities within fourteen days of being served 5 with this report and recommendation. Local Rule IB 3-2(a). Failure to file a timely objection may 6 waive the right to appeal the District Court’s Order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th 7 Cir. 1991). 8 9 DATED: November 16, 2017 10 11 12 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?