Opinion
No. C 03-00189 CRB
February 10, 2003
ORDER OF DISMISSAL
Now before the Court is plaintiff's application to proceed in forma pauperis ("IFP"). A court may authorize a plaintiff to prosecute an action in federal court without prepayment of fees or security if the plaintiff submits an affidavit showing that he or she is unable to pay such fees or give security therefor. See 28 U.S.C. § 1915 (a). Plaintiff has submitted the required documentation, and it is evident from his application that his assets and income are insufficient to enable plaintiff to prosecute the action.
Viewing plaintiff's application in isolation, it appears that he should be allowed to proceed IFP. A court is under a continuing duty, however, to dismiss an IFP compliant whenever it determines that the action "(I) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915 (e)(2)(B)(I)-(iii).
Plaintiff's complaint names as defendants United States Senator Jeff Sessions, United States Senator Charles Schumer, United States Senator Warner, United States President George Bush, and former President William Jefferson Clinton. Plaintiff's handwritten complaint is incomprehensible; it makes mention of illegal gambling, RICO, whistleblower protection, the War Powers Act of 1973, among other ramblings. It is unclear what relief plaintiff seeks. The Court notes that plaintiff has filed twelve cases in this District within the last year.
Plaintiff may not recover monetary damages from the defendants. The defendant public officials have absolute immunity from monetary liability in a civil lawsuit. See Nixon v. Fitzgerald, 457 U.S. 731, 749 (1982). To the extent plaintiff seeks some sort of equitable relief, his complaint is frivolous and must be dismissed.
For the foregoing reasons, plaintiff's complaint is DISMISSED without leave to amend.