Opinion
No. 4:17-CV-150 JAR
02-13-2017
SHEILA McMATH, Plaintiff, v. UNITED STATES IMMIGRATION DEPARTMENT, et al., Defendants.
MEMORANDUM AND ORDER
Plaintiff seeks leave to proceed in forma pauperis in this civil action. The motion is granted. Additionally, this action is dismissed as frivolous.
Standard of Review
Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted. Allegations are frivolous if they are delusional or based in fantasy. See Denton v. Hernandez, 504 U.S. 25, 32-33 (1992).
The Complaint
This is the fourth frivolous action that plaintiff has filed alleging that she has been subjected to "terrorism" by several individuals. See McMath v. Woodford, 4:15CV552 ERW (E.D. Mo.); McMath v. Campbell, 4:15CV853 AGF (E.D. Mo.); McMath v. United States Immigration Department, 4:15CV1860 JAR (E.D.Mo.).
In this case, plaintiff alleges that, "[t]he new immigrants are exchange students trying control [sic] people, old immigrants/family 1930-1969 years. Immigrants are Israel, Afghanistan, India, Africa, Mexico, South America, Caribbean, Asia countries. They are young entrepreneurs/innovators need [to] stop glass building projects/stop controlling world satellites." Plaintiff also believes that the government should immigrants want to "eliminate historic buildings with pyramids and domes." She also claims to be oppressed by Jehovah Witnesses.
Discussion
The allegations in the complaint are delusional and based entirely in fantasy. Therefore, this case must be dismissed under 28 U.S.C. § 1915(e).
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 3] is GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed separately.
Dated this 13th day of February, 2017.
/s/_________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE