Opinion
CIVIL ACTION NO. 14-4173
07-23-2014
JASON L. AMIN-BEY v. UNITED STATES OF AMERICA
MEMORANDUM
GOLDBERG, J.
Plaintiff Jason L. Amin-Bey, a prisoner at the Federal Medical Center, Devens, filed this action against the United States of America. He also filed a motion to proceed in forma pauperis, which the Court will grant. For the following reasons, the Court will dismiss plaintiff's complaint.
Federal Rule of Civil Procedure 8(a) requires a complaint to contain "a short and plain statement of the claim showing that the pleader is entitled to relief." A district court may sua sponte dismiss a complaint that does not comply with Rule 8 if "the complaint is so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised." Simmons v. Abruzzo, 49 F.3d 83, 86 (2d Cir. 1995) (quotations omitted). Furthermore, as plaintiff is proceeding in forma pauperis, the Court must dismiss his complaint if it is frivolous or fails to state a claims. See 28 U.S.C. § 1915(e)(2)(B)(i)-(ii). A complaint is frivolous if it "lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). It is legally baseless if "based on an indisputably meritless legal theory," Deutsch v. United States, 67 F.3d 1080, 1085 (3d Cir. 1995), and factually baseless "when the facts alleged rise to the level of the irrational or the wholly incredible." Denton v. Hernandez, 504 U.S. 25, 33 (1992). To survive dismissal for failure to state a claim, the complaint must contain "sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quotations omitted). Conclusory statements and naked assertions will not suffice. Id.
Plaintiff's complaint is rambling, unclear, and nonsensical. The complaint suggests that it is related to several other cases and appeals plaintiff has filed, but does not provide any further information. He also references a criminal case, but does not explain how that case is relevant. Plaintiff suggests his claims are based on "fraud" and "Moorish science." His complaint is peppered with legal jargon without any apparent logic. Having reviewed the complaint, the Court cannot ascertain any factual basis for a non-frivolous claim. Accordingly, the Court will dismiss the complaint pursuant to Rule 8 and 28 U.S.C. § 1915(e)(2)(B)(i)-(ii). Having reviewed plaintiff's complaint in this action and his filings in other actions, the Court concludes that amendment would be futile. See Grayson v. Mayview State Hosp., 293 F.3d 103, 112-13 (3d Cir. 2002). An appropriate order follows, which shall be docketed separately.