Banks v. Obama et al

Filing 13

Memorandum Opinion and Order denying Plaintiff's request to proceed in forma pauperis, the Motion to Dismiss 8 is granted, and this case is dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Patricia A. Gaughan(C,KA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
FREDERICK BANKS,
Plaintiff,
v.
BARACK OBAMA, President, et al.,
Defendants.

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CASE NO. 1:15 CV 931
JUDGE PATRICIA A. GAUGHAN

Memorandum of Opinion and Order

This action was originally filed by Plaintiff Frederick Banks in the Cuyahoga County
Court of Common Pleas, against United States President Barack Obama, United States Senators
Richard Burr, Dianne Feinstein, Bob Casey, and Pat Toomey, the Central Intelligence Agency,
and the Federal Bureau of Investigation (collectively, the “Federal Defendants”), and against
Booz Allen Hamilton (“Booz Allen”) and Dr. Ralph Shrader. Plaintiff sought in forma pauperis
status in the common pleas court.
The case was removed by the Federal Defendants on May 12, 2015. Now before the
Court are the Federal Defendants’ Brief in Opposition to Plaintiff’s Motion to Proceed in Forma
Pauperis (Doc. No. 10), and a Motion to Dismiss filed by Defendants Booz Allen and Dr.
Shrader (Doc. No. 8).
Plaintiff has a long history of vexatious litigation in state and federal courts. See, e.g.,
Banks v. Unknown Named No. of U.S. Postal Inspectors, No. 2:13 CV 1198, 2013 WL 5945786
(W.D. Pa. Nov. 6, 2013). He alleges in the instant Complaint, as he has in several previously
dismissed cases, that he is being harassed by electric satellite signals, and that President Obama

has not intervened.1 These allegations are patently frivolous.
Accordingly, Plaintiff’s request to proceed in forma pauperis is denied, the Motion to
Dismiss is granted, and this case is dismissed as frivolous pursuant to 28 U.S.C. §
1915(e)(2)(B)(i). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from
this decision could not be taken in good faith.
IT IS SO ORDERED.

Date: 6/23/15

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/s/Patricia A. Gaughan
PATRICIA A. GAUGHAN
UNITED STATES DISTRICT JUDGE

See Federal Defendants’ Brief in Opposition to Plaintiff’s Motion to Proceed in
Forma Pauperis, pp.6-8.
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