Opinion
3:03-cv-595
December 10, 2003
MEMORANDUM OPINION
The court has been presented with a file containing completely indecipherable pleadings. The undersigned finds no complaint, nor any indication that a filing fee has been paid or that plaintiff has applied for permission to proceed in forma pauperis. In view of the lack of substance of the material submitted by plaintiff, the court will consider this a 28 U.S.C. § 1915 case.
28 U.S.C. § 1915 exists to ensure that indigent litigants have meaningful access to the courts, Adkins v. E.I. DuPont de Nemours Co., 335 U.S. 331, 342, 69 S.Ct. 85 (1948). However, pursuant to 28 U.S.C. § 1915(e)(2), the court shall dismiss a case at any time if the court determines that — (A) the allegation of poverty is untrue; or (B) the action or appeal-(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. The pleadings filed in this matter clearly demonstrate that plaintiffs action is frivolous.
Accordingly, this matter is hereby DISMISSED as frivolous pursuant to the authority of 28 U.S.C. § 1915(e)(2).
ORDER TO FOLLOW.