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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BARBARA RUTH CRAM,

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Plaintiff,
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vs.
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US,
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Defendant.
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__________________________________________)

Case No. 2:17-cv-02444-JAD-CWH
REPORT & RECOMMENDATION

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Presently before the court is pro se plaintiff Barbara Ruth Cram’s application to proceed in

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forma pauperis (ECF No. 9), filed on October 6, 2017. Plaintiff has submitted the declaration

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required by 28 U.S.C. § 1915(a) showing an inability to prepay fees and costs or give security for

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them. Accordingly, Plaintiff’s request to proceed in forma pauperis will be granted.

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Upon granting a request to proceed in forma pauperis, a court must screen the complaint

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under 28 U.S.C. § 1915(e)(2). In screening the complaint, a court must identify cognizable claims

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and dismiss claims that are frivolous, malicious, file to state a claim on which relief may be

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granted, or seek monetary relief from a defendant who is immune from such relief. 28 U.S.C.

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§ 1915(e)(2). A complaint is frivolous if it contains “claims whose factual contentions are clearly

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baseless,” such as “claims describing fantastic or delusional scenarios.” Neitzke v. Williams, 490

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U.S. 319, 327-28 (1989).

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Dismissal for failure to state a claim under § 1915(e)(2) incorporates the standard for

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failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Watison v. Carter, 668 F.3d

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1108, 1112 (9th Cir. 2012). To survive § 1915 review, a complaint must “contain sufficient factual

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matter, accepted as true, to state a claim to relief that is plausible on its face.” See Ashcroft v.

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Iqbal, 556 U.S. 662, 678 (2009). The court liberally construes pro se complaints and may only

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dismiss them “if it appears beyond doubt that the plaintiff can prove no set of facts in support of his

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claim which would entitle him to relief.” Nordstrom v. Ryan, 762 F.3d 903, 908 (9th Cir. 2014)

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(quoting Iqbal, 556 U.S. at 678).

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Here, Ms. Cram filed a complaint, which does not contain any factual allegations, and two

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supplements to the complaint. (Compl. (ECF No. 1-1); Supp. to Compl. (ECF No. 12); Supp. to

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Compl. (ECF No. 14).). In the first supplement, Ms. Cram requests a “turnkey house on the Hopi

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home” with a maid and a gardener. (ECF No. 12 at 1.) In the second supplement, Ms. Cram

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alleges that while sleepwalking, she saw a property where more than 1,000 babies were murdered

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or gravely injured at the hands of 3,000 people, “3 to a baby.” (ECF No. 14 at 1.) She further

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alleges that she and a girlfriend were followed to be killed, that someone tried to rape her girlfriend

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many times, and that she was raped 1,500 times. (Id. at 2.) Ms. Cram makes various other

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allegations regarding being disemboweled, needing money and a home, events dating back to the

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early twentieth century, and “engulfment,” though it is unclear to the court what Ms. Cram is

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referencing when she uses this term. (Id. at 2-17.)

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Even liberally construing Ms. Cram’s complaint and supplements, the court finds that her

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factual allegations describe fantastic and delusional scenarios and do not state a claim upon which

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relief can be granted. Given that Ms. Cram’s complaint does not set forth a plausible claim, it is

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recommended that the complaint be dismissed with prejudice because amendment would be futile.

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See Lopez v. Smith, 203 F.3d 1122, 1126 (9th Cir. 2000) (stating that a district court is not required

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to provide leave to amend a complaint if the complaint could not possibly be cured by the

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allegation of other facts).

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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

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its supplements (ECF Nos. 12, 14) be DISMISSED WITH PREJUDICE as delusional and

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frivolous.

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IT IS FURTHER RECOMMENDED that all pending motions (ECF Nos. 2-4) in the case
be DENIED as moot.
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NOTICE

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This report and recommendation is submitted to the United States district judge assigned to

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this case under 28 U.S.C. § 636(b)(1). A party who objects to this report and recommendation may

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file a written objection supported by points and authorities within fourteen days of being served

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with this report and recommendation. Local Rule IB 3-2(a). Failure to file a timely objection may

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waive the right to appeal the District Court’s Order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th

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Cir. 1991).

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DATED: November 16, 2017

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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