Opinion
Case No. 1:14CV4
01-31-2014
Eric Flores, Pro Se Plaintiff, El Paso, Texas.
OPINION
By: James P. Jones
United States District Judge
Eric Flores, Pro Se Plaintiff, El Paso, Texas.
Eric Flores, proceeding pro se and in forma pauperis, seeks leave to file a civil complaint entitled, "Petition to Challenge the Constitutionality of the First Amendment." While I will allow the complaint to be filed without prepayment of the filing fee, I will summarily dismiss it as frivolous.
The complaint seeks to assert on behalf of a class of "Mexican American citizens of the United States" various claims, including that federal employees have been "useing [sic] advanced technology with a direct signal to the satelite [sic] in outerspace that has the capacity of calculating genetic code to cause petitioners [sic] Uncle Jorge Salas severe heart pain . . . resulting in the death of . . . Uncle Jorge Salas."
Similar claims by Flores have been summarily dismissed by other courts. See Flores v. U.S. Attorney Gen., 531 F. App'x 939, 939 (10th Cir. 2013) (unpublished) (alleging that the government has used satellite technology to torture him and his immediate family); Flores v. U.S. Attorney Gen., 378 F. App'x 473, 473 (5th Cir. 2010) (unpublished) (same). The Supreme Court has directed its clerk to accept no further civil petitions from Flores in forma pauperis. Flores v. Holder, 132 S. Ct. 2397 (2012).
The complaint is patently frivolous. Based upon the affidavit submitted in support of the application to proceed in forma pauperis, I will allow the complaint to be filed, but it will be summarily dismissed. See 28 U.S.C.A. § 1915(e)(2)(B)(i) (West 2006); Neitzke v. Williams, 490 U.S. 319, 325 (1989). A separate order will be entered herewith.
James P. Jones
United States District Judge