Opinion
2:22-cv-01780-ART-DJA
01-17-2023
Matthew Travis Houston, Plaintiff, v. Calvin Johnson, et al., Defendants.
REPORT AND RECOMMENDATION
DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE
Plaintiff initially filed an application to proceed in forma pauperis that contained the following deficiencies: (1) it was on the wrong form; (2) it was intended for a different court; (3) it was incomplete; and (4) it did not attach a complaint. (ECF No. 1). The Court thus denied Plaintiff's application and ordered him to file a corrected application attaching a complaint on or before November 28, 2022. (ECF No. 3). It warned that failure to comply with the order would result in a recommendation to the district judge that the action be dismissed. (Id.).
Plaintiff missed his deadline to file a corrected application. On January 5, 2023, he filed an application to proceed in forma pauperis. (ECF No. 4). Plaintiff also filed a complaint. (ECF No. 5). But Plaintiff's complaint is nearly impossible to decipher. He names multiple defendants and alludes to a conspiracy against him which he appears to allege resulted in his imprisonment. The remainder of his complaint includes disjointed pages that include a dream journal and excerpts from a magazine. Plaintiff has failed to comply with the Court's previous order by filing his application late. His complaint also includes delusional allegations.
Accordingly, the undersigned RECOMMENDS that Plaintiff's application to proceed in forma pauperis (ECF No. 4) be DENIED and this case be DISMISSED.
NOTICE
This report and recommendation is submitted to the United States District Judge assigned to this case under 28 U.S.C. § 636(b)(1). A party who objects to this report and recommendation may file a written objection supported by points and authorities within fourteen days of being served with this report and recommendation. Local Rule IB 3-2(a). Failure to file a timely objection may waive the right to appeal the district court's order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991).