Lewis v. Comminucations System
Filing
3
MEMORANDUM AND OPINION. Oliver claims are dismissed with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i). Any pending motions are denied as moot.(Signed by Judge Lee H Rosenthal) Parties notified.(chorace)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
LEWIS C. OLIVER, 11,
(TDCJ-CID #663226)
Plaintiff,
VS.
COMMUNICATIONS SYSTEM,
Defendant.
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CIVIL ACTION H- 12-0156
MEMORANDUM AND OPINION
Lewis C. Oliver, 11, an inmate of the Texas Department of Criminal Justice - Correctional
Institutions Division, sued in January 2012, alleging civil rights violations resulting from a denial
of due process.
Oliver, proceeding pro se and in forma pauperis, submitted handwritten
correspondence that was filed as a civil rights lawsuit under 42 U.S.C.
9 1983. Oliver did not name
a defendant but it appears that he intends to sue a musical group that was known as the Jackson 5.
Oliver alleges that he is the victim of a conspiracy:
I am right now under the presistences of an unconstitutional, every on
going serious, game of abussive high tech computer communicational
operations wish by its source of series of techological sattellite
defincency has nothing more than the utalizations of what's consider
organize crime, under the suppose public thought as a large
publishing clearing house.
Oliver claims that instruments for brain reading are being used to violate his civil rights. He claims
that the Jackson 5 are reading his mind using satellites. Oliver alleges aggravated kidnapping; false
imprisonment; assault and battery by technology; attempted murder; constant poisoning; and
conspiracy.
A district court may dismiss an in formapauperis complaint if it "is frivolous or malicious."
28 U.S.C. # 1915(e)(2)(B)(i). An action is frivolous if it lacks an arguable basis in either law or fact.
Neitzke v. Willinms, 490 U.S. 3 19,325(1989); Henson-El v. Rogers, 923 F.2d 5 1,53 (5th Cir.), cert.
denied, 501 U.S. 1235 (1991). An action is legally frivolous if it is grounded on an untenable or
discredited legal theory, Neitzke, 109 S. Ct. at 1831, and is factually frivolous when "the allegations
are 'fantastic or delusional scenarios' or the legal theory on which a complaint relies is 'indisputably
meritless."' Harris v. Hegmann, 198 F.3d 153, 156 (5th Cir. 1999); see also Denton v. Hernandez,
504 U . S . 25, 32 (1992).
Oliver does not present a logical set of facts to support any claim for relief. Instead, his
complaint presents fantastic allegations that are fanciful and delusional. His claims are dismissed
with prejudice under 28 U.S.C.
5 1915(e)(2)(B)(i). Any motions are denied as moot.
The Clerk will provide a copy of this order by regular mail, facsimile transmission, or e-mail
to:
(1 )
the TDCJ - Office of the General Counsel, Capitol Station, P.O. Box 13084, Austin,
Texas, 787 11, Fax: 5 12-936-2159;
(2)
the Inmate Trust Fund, P.O. Box 629, Huntsville, Texas 77342-0629, Fax:
936-437-4793; and
(3)
the District Clerk for the Eastern District of Texas, 2 1 1 West Ferguson, Tyler, Texas
75702, Attention: Manager of the Three-Strikes List.
SIGNED on January 30,2012, at Houston, Texas.
Lee H. Rosenthal
United States District Judge
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