Gerbig v. All Banks et al

Filing 3

Order on ifp request: Petitioner request for ifp denied and case dismissed. Signed by Chief Judge Barbara B. Crabb on 5/29/09. (elc),(ps)

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IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------RONALD E. GERBIG, P la i n t i f f , v. AL L BANKS and BANK CEO's in WISCONSIN, D efendan ts. --------------------------------------------RONALD E. GERBIG, P la i n t i f f , v. S E R G E O N GENERAL and AT F, D efendan ts. --------------------------------------------OR DER 0 9 - cv -3 3 1 - b b c OR DER 0 9 - cv -3 3 0 - b b c 1 --------------------------------------------R O N A L D E. GERBIG, P la i n t i f f , v. A SS O C IA TED BANK, D efendan t. --------------------------------------------These are three proposed civil actions. Plaintiff Ronald Gerbig seeks leave to proceed w i th ou t prepayment of fees and costs or providing security for such fees and costs, pursuant to 28 U.S.C. 1915. I am unable to conclude from the answers on plaintiff's affidavits of indigency whether he is indigent. However, because plaintiff's complaints must be dismissed, I will not require plaintiff to submit new affidavits of indigency. In addressing any pro se litigant's complaint, the court must construe the complaint liberally, Haines v. Kerner, 404 U.S. 519, 521 (1972). The court will grant leave to proceed if there is an arguable basis for a claim in fact or law. Neitzke v. Williams, 490 U.S. 319, 325 (1 9 8 9). When a complaint contains factually baseless claims, such as those "describing OR DER 0 9 - cv -3 3 3 - b b c fa ntastic or delusional scenarios," a district court can properly deny a plaintiff leave to pro ceed. Id. at 327-28. "[A] finding of factual frivolousness is appropriate when the facts alleges rise to the level of the irrational or the wholly incredible . . . ." Denton v. Hernandez, 2 50 4 U.S. 25, 33 (1992). As the sampling of plaintiff's allegations set forth below reveal, plaintiff's complaints fit this description. C ase No. 09-cv-330-bbc: President Obama said that all social security recipient were to receive $250 extra money this month and get a raise. Nobody calls my president a liar without serving a sentence for High Treason. Former Presidents excluded. I want all banks fined $5000 a piece for treason. C ase No. 09-cv-331-bbc: The Sergeon Generals warning is criminal fraud chargeable by $5 0 00 per pack all the way back to 1972. Nicotine acid is V itam in B, Atropine + Scopolomine clean the blood of Chlorine, Florin e, Pesticides, +Herbicide. T h e tests that were run on rats were the equivalent of 280,000 cigarettes a day for 6 months. Cigarettes cure cancer in reasonable amounts, by cleaning blood. They also assist the brain in thinking clearly. C ase No. 09-cv-333-bbc: O v er a year ago I received a legal money transfer for $150 ,000,000. Under F.D.I.C. rules There's a charge of Fraud, E xto rtio n , Misappropriation of funds + Gross Mismanagement o n All CEO's and managers of said bank is at least $100,000 of said money isn't in my account available immediately. Find my dollar bills. There are $560,000,000,000 missing. 3 P lain tiff's allegations concerning possible treason and fraud describe fantastic or d elu sio n al scenarios. In addition, plaintiff's allegation that a bank stole $150,000,000 from him is wholly incredible. Because I am convinced that plaintiff's three complaints allege only factu al baseless claims, I must deny his request for leave to proceed in forma pauperis and dism iss these cases. OR DER IT IS ORDERED that plaintiff Ronald E. Gerbig's request for leave to proceed in form a pauperis in the above three cases is DENIED and the cases are DISMISSED because the allegations of his complaints are legally frivolous. The clerk of court is directed to enter ju dgm en t for defendants All banks and bank CEO's in Wisconsin, Sergeon General, ATF and Asso ciated Bank and close these cases. E n tered this 29t h day of May, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge 4

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