Flores v. United States Attorney General et al

Filing 6

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS; denying 1 Motion for Leave to Proceed in forma pauperis; and DISMISSING the complaint with prejudice by Judge Daniel L. Hovland. (QF) Distributed on 5/20/2013 (jt).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Eric Flores,

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Plaintiff,
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ORDER ADOPTING REPORT
vs.
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AND RECOMMENDATION
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United States Attorney General;
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Case No. 1:13-cv-039
United States Department of Health and
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Human Services; and Public Health Service )
named Sierra Medical Center,
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Defendants.
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______________________________________________________________________________
On April 1, 2013, Eric Flores filed a motion for leave to proceed in forma pauperis and
attached a proposed complaint. See Docket Nos. 1 and 1-1. Magistrate Judge Charles S. Miller,
Jr. conducted an initial screening and issued a Report and Recommendation on April 29, 2013.
See Docket No. 5. Judge Miller recommends the Court deny Flores’s motion and dismiss the
complaint with prejudice. See Docket No. 5. In the proposed complaint, Flores alleges that
federal government employees have directed transmissions from a satellite toward
Mexican-Americans in order to alter their genetic code. Magistrate Judge Miller found Flores’s
proposed complaint to be “clearly fanciful, fantastic, [and] delusional.” See Docket No. 5, p. 3.
The Court agrees. Accordingly, the Report and Recommendation (Docket No. 5) is ADOPTED
in its entirety; and Flores’s motion for leave to proceed in forma pauperis (Docket No. 1) is
DENIED; and the complaint is DISMISSED with prejudice.
IT IS SO ORDERED.
Dated this 20th day of May, 2013.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court