Opinion
CIVIL ACTION NO. 19-CV-2207
05-24-2019
MEMORANDUM JONES, II J.
Plaintiff Jason Nailleaux filed this civil action against the "United States of America Mint (Money)." Nailleaux also moved to proceed in forma pauperis. The Court will grant Nailleaux leave to proceed in forma pauperis because it appears that he cannot afford to pre-pay the fees to commence this civil action and dismiss his Complaint as frivolous.
As Nailleaux is proceeding in forma pauperis, 28 U.S.C. § 1915(e)(2)(B) applies, which requires the Court to dismiss the Complaint if, among other things, it is frivolous. A complaint is frivolous if it "lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). It is legally baseless if "based on an indisputably meritless legal theory," Deutsch v. United States, 67 F.3d 1080, 1085 (3d Cir. 1995), and factually baseless "when the facts alleged rise to the level of the irrational or the wholly incredible." Denton v. Hernandez, 504 U.S. 25, 33 (1992).
Here, Nailleaux alleges that he "ordered to all [countries] in the world that they are to withhold the master [property] of [financials] in conjunction to all businesses, [corporations] and bill of note or forms of payment and to fill against the United States of America by [taxes] for not producing the [property] of [financials]." (Compl. at 3.) The Court cannot understand the basis for Nailleaux's claims and, to the extent the Court can understand Nailleaux's allegations, they do not suggest any factual or legal basis for a claim within the Court's jurisdiction. Accordingly, the Court will dismiss the Complaint as frivolous. Notably, prior cases that Nailleaux filed against the U.S. Mint have been dismissed for similar reasons. See Nailleaux v. U.S. Mint, D. Md. Civ. A. No. 19-1390 (May 20, 2019 Order); Nailleaux v U.S. Mint, D. Md. Civ. A. No. 19-442 (Mar. 1, 2019 Order); Nailleaux v U.S. Mint, D. Md. Civ. A. No. 19-304 (Feb. 8, 2019 Order); see also Nailleaux v. U S. Mint, D.D.C. Civ. A. No. 19-307 (Mar. 21, 2019 Order).
BY THE COURT:
/s/ _________
C. DARNELL JONES, II, J.