Summary
dismissing complaint for lacking a "cognizable claim or even an intelligible sentence within its text"
Summary of this case from Roy v. "USA"Opinion
Civil Action No. 06-CV-505.
February 14, 2006
MEMORANDUM ORDER
Plaintiff "`Jungle Democracy — oppression — etc.' et al. — a publication by Kamal K. Roy A/K/A Rev. Joseph Geronimo, Jr. a poor disabled mobile priest," acting pro se, filed this matter naming some fifty-nine defendants including federal and state officials, foreign governments, telecommunications agencies, financial institutions, private individuals, Kentucky Fried Chicken, the President and Vice President of the United States, The New York Times, and God. Plaintiff's Complaint alleges, inter alia, failure to safeguard the Constitution, insurance fraud, perjury, and violation of the notary laws. Plaintiff has filed a request to proceed in forma pauperis. Section 1915(e)(2) of Title 28 of the United States Code dealing with in forma pauperis applications provides that a court may dismiss a case at any time if it determines that the case is frivolous or malicious or fails to state a claim. The Complaint in this matter is irrational and incomprehensible. There is no cognizable claim or even an intelligible sentence within its text. Accordingly, it is ORDERED that Plaintiff's Complaint is DISMISSED with prejudice.
The affidavit on the Request To Proceed In Forma Pauperis was signed by Kamal K. Roy A/K/A Rev. Joseph Geronimo, Jr. Evidently, Rev. Joseph Geronimo, Jr. has filed at least nine prior lawsuits in the United States District Court for the Southern District of New York. All of those actions were dismissed as being without merit. See Handicap Interests Int'l v. United States, 95 Civ. 2152, 1995 U.S. Dist. Lexis 6604, at *1 (S.D.N.Y May 17, 1995).
See Neitzke v. Williams, 490 U.S. 319, 326-28 (1989) (a court may dismiss an in forma pauperis complaint as factually frivolous if the facts alleged are clearly baseless, a category that includes allegations that are fanciful, delusional, irrational or wholly incredible); see also Denton v. Hernandez, 504 U.S. 25, 32 (1992).
IT IS SO ORDERED.