EJIKEME v. MUELLER et al

Filing 10

MEMORANDUM resolving 1 plaintiff's motion to proceed in forma pauperis. Signed by Judge David S. Cercone on 11/9/15. (mwm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
EDWIN IKECUHWU EJIKEME,

)
)
Plaintiff,
)
)
v.
)
)
ROBERT MUELLER, III,
)
Director of United States Federal Bureau
)
of Investigation and his associates including )
his replacement if any and
)
ESPERANTE S. TOVI, FBI Agent,
)
)
Defendants.
)

2:15cv8
Electronic Filing

MEMORANDUM
Edwin Ikecuhwu Ejikeme (“plaintiff”) commenced this proceeding by filing a motion to
proceed in forma pauperis and attaching to it a “complaint” seeking to establish that the director
of the Federal Bureau of Investigation and certain FBI agents acting at his direction have
undertaken a campaign of harassment against plaintiff. The campaign has included investigating
plaintiff for spreading HIV through the use of a spy satellite broadcasting system. Complaint
(Doc. No. 1-1) at ¶ 23. Director Mueller has "promised the world that [plaintiff] must die on spy
satellite." Id. at 28. Mueller has enlisted the help of Esperante S. Tovi, an individual who lives
in plaintiff's building, to investigate plaintiff for "sorcery" and she has specifically shouted at
plaintiff "that she is an FBI agent and has [a] warrant to assassinate [him]." Id. at ¶¶ 1-4.
Plaintiff has submitted four amendments to the complaint identifying additional
harassment plaintiff has experienced, such as receiving communications on the "spy satellite"
and receiving harassment in the form of being constantly accused of having AIDS. "Additional
Complaint" (Doc. No. 2). In addition, numerous personal items have been stolen from plaintiff

such as his keys and his nose hair clippers. "Additional Complaint Number Two" (Doc. No. 3)
at ¶¶ 1-2; "Additional Complaint Number three" (Doc. No. 4) at ¶ 1. Plaintiff believes that the
"FBI is destroying [him] slowly with radiation." Id. at p. 2. Among other things, plaintiff
requests the court to enjoin the FBI from having an agent live in the same building where he
lives and to stop stealing his engineering reference materials. Id.
The United States Court of Appeals for the Third Circuit has instructed the district courts
to utilize a two-step analysis to determine whether to direct service of a complaint where the
plaintiff seeks to proceed in forma pauperis. First, the court must determine whether the litigant
is indigent within the meaning of 28 U.S.C. § 1915(a). Second, the court must determine
whether the complaint is frivolous or malicious under 28 U.S.C. § 1915(d).2 Roman v. Jeffes,
904 F.2d 192, 194 n.1 (3d Cir. 1990). The court finds plaintiff to be without sufficient funds to
pay the required filing fee. Thus, he will be granted leave to proceed in forma pauperis.
In Neitzke v. Williams, 490 U.S. 319 (1989), the Supreme Court identified two types of
legally frivolous complaints: (1) those based upon indisputably meritless legal theory, and (2)
those with factual contentions which clearly are baseless. Id. at 327. An example of the first is
where a defendant enjoys immunity from suit, and an example of the second is a claim
describing a factual scenario which is fanciful or delusional. Id. In addition, Congress has
expanded the scope of § 1915 to require that the court be satisfied that the complaint states a
claim upon which relief can be granted before it directs service; if it does not, the action shall be
dismissed. 28 U.S.C. § 1915(e)(2)(B)(ii).
A review of plaintiff’s “complaint” reveals that it fails to state a claim upon which relief
can be granted. It is replete with factual contentions that are fanciful. In addition, it fails to set
2

This provision is now codified at §1915(e)(2)(B)(i).
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forth a coherent theory for legal relief. It follows that the complaint is based on fanciful
allegations and is grounded in indisputably meritless legal theory. Accordingly, the "complaint"
will be dismissed as legally frivolous. Appropriate orders will follow.

s/ David Stewart Cercone
David Stewart Cercone
United States District Judge
cc:

Edwin Ikecuhwu Ejikeme
P. O. Box 71334
Pittsburgh, PA 15213
(Via First Class Mail)

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