BEY v. ELLIOT

Full title: ABDUL AYAT MOHAMMED BEY, Plaintiff, v. RICH ELLIOT, et al., Defendants

Court: United States District Court, E.D. Missouri, Eastern Division

Date published: Oct 22, 2007

No. 4:07CV1197 DDN (E.D. Mo. Oct. 22, 2007)

Opinion

No. 4:07CV1197 DDN.

October 22, 2007

MEMORANDUM AND ORDER

CAROL JACKSON, District Judge

This matter is before the Court plaintiff's motion for leave to commence this action without prepayment of the filing fee pursuant to 28 U.S.C. § 1915. Upon consideration of the financial information provided with the motion, the Court finds that plaintiff is financially unable to pay any portion of the filing fee. As a result, plaintiff will be granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Additionally, the Court has reviewed the complaint and will dismiss it pursuant to 28 U.S.C. § 1915(e)(2)(B).

28 U.S.C. § 1915(e)

Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court may dismiss a complaint filed in forma pauperis if the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune from such relief. An action is frivolous if "it lacks an arguable basis in either law or in fact." Neitzke v. Williams, 490 U.S. 319, 328 (1989). An action fails to state a claim upon which relief can be granted if does not plead "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1974 (2007).

In reviewing a pro se complaint under § 1915(e)(2)(B), the Court must give the complaint the benefit of a liberal construction. Haines v. Kerner, 404 U.S. 519, 520 (1972). The Court must also weigh all factual allegations in favor of the plaintiff, unless the facts alleged are clearly baseless. Denton v. Hernandez, 504 U.S. 25, 32-33 (1992); Scheuer v. Rhodes, 416 U.S. 232, 236 (1974).

The Complaint

Plaintiff, a frequent filer of frivolous lawsuits, seeks a writ of mandamus directing the courts of the State of Missouri to conduct a jury trial on his claim that he paid too much for a fuel pump at Midtown Tire and Auto Service. Plaintiff also seeks to compel a former judge for the Supreme Court of Missouri to run for President in 2008.

Discussion

The complaint is so obviously frivolous that the Court need not discuss it at length. As a result, the complaint shall be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B).

Accordingly,

IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint because the complaint is legally frivolous.

An appropriate order of dismissal shall accompany this Memorandum and Order.