Opinion
No. CV03-19-S-EJL
January 27, 2003
ORDER
This case was reassigned to this Court by the Honorable Mikel H. Williams for lack of consent Plaintiff's Complaint was conditionally filed on January 14, 2003. The Court now reviews the Complaint to determine whether summary dismissal is appropriate. See 28 U.S.C. § 1915(e) and 1915A. The Court also reviews Plaintiff's other pending motions. Having reviewed the record, and otherwise being fully informed, the Court enters the following Order.
I. REVIEW OF COMPLAINT
The Court is required to review complaints seeking relief against a governmental entity or an officer or employee of a governmental entity to determine whether summary dismissal is appropriate. 28 U.S.C. § 1915. The Court must dismiss a complaint or any portion thereof which states frivolous or malicious claim, which fails to state a claim upon which relief may be granted, or which seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B). Frivolous complaints include those "reciting bare legal conclusions with no suggestion of supporting facts, or postulating events and circumstances of a wholly fanciful kind." Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir. 1984).
It is impossible to discern from Plaintiff's Complaint the nature of his specific complaints. Plaintiff has filed two other nearly identical lawsuits in this Court within the course of the past thirty days. The Complaints are similarly vague and meaningless.
Plaintiff has filed his lawsuit on behalf of several other named inmates, although the other inmates have not signed the Complaint. Plaintiff is not entitled to file a lawsuit on behalf of anyone other than himself because he is not a lawyer. Plaintiff also seeks to have the lawsuit proceed as a class action. Plaintiff seeks 100 trillion in compensation for indiscretions of Idaho Department of Correction personnel, dating "as far back as possibly the mid 1500's." Plaintiff sues various defendants in this and his other Complaints, including Governor Kempthorne, President Bush, the State of Idaho, and the United States. There are no allegations specific to any defendant.
Because it appears that giving Plaintiff an opportunity to amend his Complaint would be futile, the Court shall dismiss the Complaint as frivolous and for failure to state a claim upon which relief can be granted.
Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) ( en banc).
The Court warns Plaintiff that any further such filings shall be deemed wounds for issuing "strikes" under 28 U.S.C. § 1915(g). Under that section, if an inmate files three or more complaints which are dismissed on the grounds that they are frivolous, are malicious, or fail to state a claim upon which relief can be granted, he is no longer allowed to file complaints in forma pauperis, except in an instance where he is in imminent danger of serious physical injury.
II. ORDER
NOW THEREFORE IT IS HEREBY ORDERED that Plaintiff's Complaint is DISMISSED as a frivolous complaint and for failure to state a claim upon which relief can be granted. Plaintiff is warned that he shall be issued a "strike" under 28 U.S.C. § 1915(g) for any such similar filings.
IT IS FURTHER HEREBY ORDERED that Plaintiff's Motion for Appointment of Counsel (Docket No. 5) is DENIED.
IT IS FURTHER HEREBY ORDERED that Plaintiff's Motion to Proceed in Forma Pauperis (Docket No. 1) is MOOT.