Ulibarri v. Winder et al

Filing 55

MEMORANDUM DECISION and ORDER: It is hereby ordered that Plaintiffs 1983 complaint is DISMISSED under 1915(e)(2)(B) and 1915A because claims are either frivolous or fail to state a claim upon which relief may be granted. See 1915(e)(2)(B)&1915A. Signed by Judge Robert J. Shelby on 1/15/2016. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
FIDENCIO P. ULIBARRI,
Plaintiff,

MEMORANDUM DECISION &
DISMISSAL ORDER

v.
JAMES WINDER et al.,
Defendants.

Case No. 2:14-CV-433-RJS
District Judge Robert J. Shelby

Plaintiff, Fidencio P. Ulibarri, has filed with the Court a prisoner pro se civil rights
complaint. See 42 U.S.C.S. § 1983 (2015). The Court approved Plaintiff's application to
proceed in forma pauperis. See 28 id. § 1915.
The Amended Complaint's main allegations are leveled at Defendants Salt Lake County
Sheriff James M. Winder, Captain Kris Ownby, Lt. Dietrich, and “Jared T.” To summarize,
Plaintiff accuses Defendants of employing technologies of “infrasound” and “aerial surveillance”
to harass Plaintiff “24-7 for 8 years”; sending “ALFA waves to [Plaintiff’s] brain”; and
“tortur[ing him] through military technology[] for information.” The Court has screened
Plaintiff's Amended Complaint under §§ 1915(e)(2) and 1915A and now dismisses it for being
frivolous and failing to state a claim upon which relief may be granted. See id. §§ 1915(e)(2)(B)
& 1915A.
Section 1915 grants this Court the power to "'pierce the veil of the complaint's factual
allegations.'" Denton v. Hernandez, 504 U.S. 25, 32 (1992) (quoting Neitzke v. Williams, 490
U.S. 319, 327 (1989)). Although Plaintiff's allegations must be viewed in his favor, "a court may

dismiss a claim as factually frivolous . . . if the facts alleged are 'clearly baseless,' a category
encompassing allegations that are 'fanciful,' 'fantastic,' and 'delusional.'" Id. at 32-33 (citations
omitted). Accordingly, a determination of factual frivolousness is proper "when the facts alleged
rise to the level of the irrational or the wholly incredible, whether or not there are judicially
noticeable facts available to contradict them." Id. at 33.
Plaintiff's assertions here fit these definitions of factual frivolousness. For instance,
Plaintiff alleges that “the sheriff’s and the unified police dept, acted in a conspiracy to plot
secretively in setting [him] up but tried to make it look like they where [sic] on [his] side and
was doing something with [him], witch [sic] brings up the ‘fugitive slave act of 1850.’” He goes
on to assert that certain “MGZ signals and . . . HZ power lines” were “used on [Plaintiff] at
breaking points of when [he] went crazy committing unlawful acts.” He also tells a story of
walking around Salt Lake City, being shocked at various times along the way, and being spoken
to by people “in the bushes telling [him] to stop walking around.”
The fantastic claims in Plaintiff's complaint have a delusional quality and are patently
unbelievable. The claims here must therefore be dismissed as factually frivolous. See 28
U.S.C.S. § 1915(e)(2)(B)(i) (2015).

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IT IS HEREBY ORDERED that Plaintiff's § 1983 complaint is DISMISSED under §§
1915(e)(2)(B) and 1915A because his claims are either frivolous or fail to state a claim upon
which relief may be granted. See 28 id. §§ 1915(e)(2)(B) & 1915A.
DATED this 15th day of January, 2016.
BY THE COURT:

ROBERT J. SHELBY
United States District Judge

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