Opinion
No. 3:04-CV-863-M.
April 30, 2004
FINDINGS CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Pursuant to the provisions of 28 U.S.C. § 636(b) and an order of the District Court, this case has been referred to the United States Magistrate Judge. The findings, conclusions and recommendation of the Magistrate Judge follow:
I. BACKGROUND
On April 23, 2004, Plaintiff filed this unspecified civil action. He is proceeding pro se and the Court has granted him leave to proceed in forma pauperis.
Plaintiff alleges that Defendant Bank of America "misallocated" in excess of ten million dollars from his account. He states that Oprah Winfrey and radio station owner Karen Hughes deposited these funds in his account between October 15, 2002, and November 1, 2002, but that the funds were never credited to his account. He states the account was later closed with a negative balance of thirty-six dollars. Plaintiff also alleges that the Drug Enforcement Agency has a person, who is perhaps an undercover agent, that has been acting as his accountant.
II. DISCUSSION
The terms of 28 U.S.C. § 1915(e)(2)(B)(i) authorize a federal court to dismiss an action in which the Plaintiff is proceeding in forma pauperis before service if the court determines that the action is frivolous or malicious. Under this standard, a district court may review a complaint and dismiss sua sponte those claims premised on meritless legal theories and those which clearly lack any basis in fact. Denton v. Hernandez, 504 U.S. 25, 31, 112 S.C. 1728, 1733 (1992); Neitzke v. Williams, 490 U.S. 319, 325, 109 S.C. 1827, 1831-32 (1989). A finding of factual frivolousness is appropriate when the claims describe "fantastic or delusional scenarios," or "rise to the level of the irrational or the wholly incredible." Denton v. Hernandez, 504 U.S. at 32-33, 112 S.C. at 1733. Plaintiff's allegations come within this doctrine and, accordingly, should be dismissed with prejudice. See Graves v. Hampton, 1 F.3d 315, 318-19 (5th Cir. 1993).
III. SANCTIONS
Plaintiff has filed two other cases in the Northern District of Texas in the last two months. In Johnson v. Trinity Mother Frances Hospital, 3:03-CV-409-R, Plaintiff alleged that two physicians implanted a radio transmitter beneath his scalp in 1996. In Johnson v. Drug Enforcement Agency, 3:03-CV-410-G, Plaintiff alleged that Defendant implanted a radio transmitter beneath his scalp and forced him to ingest various chemicals and sleep-inducing drugs to isolate him from fellow members of his race. In both cases the magistrate judge has recommended that the complaints be dismissed as frivolous. Plaintiff should be warned that any future abusive lawsuits may result in the imposition of sanctions, including an order prohibiting him from filing any civil actions without paying the required filing fee or obtaining prior authorization from a district judge or magistrate judge.
RECOMMENDATION
The Court recommends the complaint be dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2). The Court also recommends that Plaintiff be warned that any future frivolous lawsuits may result in the imposition of sanctions, including an order prohibiting him from filing any civil actions without paying the required filing fee or obtaining prior authorization from a district judge or magistrate judge.