Opinion
405CV233.
July 9, 2007
ORDER
Inmate/plaintiff Larry H. Hayes moves this Court for leave to file in forma pauperis (IFP) a 42 U.S.C. § 1983 case against various living and non-living judicial and government officials. He alleges that in the 1970s "I put my life on the line in service to my country. I nearly got killed several times." Doc. # 1 at 3. Plaintiff says that he "was a special case study beginning at Eisenhower Medical Command Post" at "Fort Gordon, Augusta, Georgia." His government "service" began "in the Carter era" and has continued through "George Junior # 41." Id. Hayes seems to claim that his civil rights have been violated, but he furnishes no rational details, let alone anything to meet F.R.Civ.P. 8's requirements — even under the pro se standards set forth in Erickson v. Pardus, 127 S.Ct. 2197, 2200 (2007).
Actually, Hayes filed a form § 1983 Complaint and the Clerk sent him notice that he must pay the filing fee. He has not paid it. "Plaintiffs normally must pay $350 to file a civil complaint in federal district court, 28 U.S.C. § 1914(a), but 28 U.S.C. § 1915(a)(1) allows the district court to waive the fee, for most individuals unable to afford it, by granting IFP status." Andrews v. Cervantes, ___ F.3d ___, 2007 WL 1932824 at * 3 (9th Cir. 7/5/07). The Court construes plaintiff's form Complaint as an implied IFP motion.
By any objective standard, Hayes's Complaint is frivolous and thus warrants dismissal. See Edwards v. Snyder, 478 F.3d 827, 829 (7th Cir. 2007) (A claim is factually frivolous, for purposes of the 28 U.S.C. § 1915A(b)(1), which requires district courts to preliminarily screen prisoner complaints and dismiss them if they are frivolous, if its allegations are bizarre, irrational or incredible). His implied IFP motion (doc. # 1) therefore is DENIED, and this case is now CLOSED.