Opinion
No. C-05-4722 MMC.
November 29, 2005
ORDER DISMISSING COMPLAINT; DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS
Before the Court is plaintiff Jerome L. Grimes' application to proceed in forma pauperis and his complaint against 114 individuals, both of which were filed on November 15, 2005.
Plaintiff also purports to bring claim(s) on behalf of three deceased individuals.
Pursuant to 28 U.S.C. § 1915(e), where a plaintiff seeks to proceed in forma pauperis, the district court must dismiss the complaint if the court determines that the complaint is frivolous or malicious, or that the plaintiff has failed to state a claim upon which relief can be granted. See 28 U.S.C. § 1915(e)(2)(B)(i), (ii).
Here, plaintiff's complaint falls directly within the category of pleadings identified in § 1915(e)(2)(B)(i) and (ii). Plaintiff's claims are based upon, inter alia, defendants being "organ smugglers," defendants having engaged in the "Oklahoma City bombing" and being "9/11/01 bombers," defendants' committing "premediated STD," and defendants' being involved in a "highly sophisticated old aged natural death frame up." Moreover, plaintiff does not allege any cognizable basis for a federal district court to assert jurisdiction over his claim(s), and no such basis is apparent from the allegations. Finally, there is no indication plaintiff can cure the above-referenced deficiencies.
Accordingly, plaintiff's complaint is hereby DISMISSED, pursuant to 28 U.S.C. § 1915(e)(2)(B), and plaintiff's application to proceed in forma pauperis is hereby DENIED as moot.
The Clerk shall close the file.
IT IS SO ORDERED.