United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
A. ROSS, UNITED STATES DISTRICT JUDGE.
an inmate at Farmington Correctional Center, seeks leave to
proceed in forma pauperis in this civil action under 42
U.S.C. § 1983. Having reviewed plaintiffs financial
information, the Court assesses a partial initial filing fee
of $13.17, which is twenty percent of his average monthly
deposits. See 28 U.S.C. § 1915(b).
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. To state a claim for relief, a complaint must plead
more than "legal conclusions" and
"[t]hreadbare recitals of the elements of a cause of
action [that are] supported by mere conclusory
statements." Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009). A plaintiff must demonstrate a plausible claim
for relief, which is more than a "mere possibility of
misconduct." Id. at 679. "A claim has
facial plausibility when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that
the defendant is liable for the misconduct alleged."
Id. at 678. Determining whether a complaint states a
plausible claim for relief is a context-specific task that
requires the reviewing court to draw on its judicial
experience and common sense. Id. at 679.
reviewing a complaint under 28 U.S.C. § 1915(e), the
Court accepts the well-pled facts as true. Furthermore, the
Court liberally construes the allegations.
complaint is difficult to comprehend and summarize, so the
Court will quote it in full. Plaintiff states the following
as his claim:
When I was an inmate back in 2000 I entered the Ste. Gen. Co.
Jail. I was tricked there. Fooled about what was going on. I
don't know not to don't call it a trick because to me
that's what was going on. All the officers I concluded in
this case was involved. Like to this day I still see and is
going through the same stuff today. What I mean about being
tricked is I didn't understand what was going on around
me until now. I've been doing some research with some
things and found out that HAARP or HART (which is now HART
because Mr. Sen. Stevens and King left HAARP in the South
Georgia). I don't keep notes or time about what is going
on with some things because I feel I'll just remember
them [illegible]. I have a problem writing because this
system I'm complaining about is trying to read my mine or
mind. I move a lot and write slow. The system I'm talking
about. Just to get into [illegible]. Is call AG' Caption
code block. An old computer system that does old numbers. It
was a[n] old medieval scientist move to trick or move the
mine or even mind when I first stepped in Ste. Gen. come to
find out. I was being [tough]. I guess they thought they
would get away with this because my name and the racist slang
word n[*****] was in the air. I could hear from a distance
not to[o] far that they was discussing me. The officers I
described. I also seen strange people around me like an FBI
agent name Sean Odaro. I couldn't use the rest room at
times because it felt like my bowels was locked and secreted.
I couldn't get help from nothing because [nobody] knew
anything. My words would seem to come out wrong at them
because I knew they were using me. The only witness I ran
into was nobody that wasn't with them. When they plotted.
I knew just about every black and white inmate in the jail
knew this problem. And it's been said that when they plan
really took off they took a lot of inmates with them. Even
lifers inmates with a lot of time. I'm a high [profiler]
to[o] and they said to me through this system the only reason
we didn't select you is because you don't do what we
do. I heard through this system that these people have killed
people and all. Kids and everything in a high profiler and
they said the only reason to why we don't like you is
because you a kid killer and [no one] would ever believe you
again. You just about name it your honor, that they could do
to me after seeing this system. I've been done life. It
been called n[*****] every day in the mine. These
people claim that the state and other law officials gave them
the permission to do this to me. I've been seeing and
hearing these people for eighteen years now and I believe
this is a cruel and unusual joke being played. I'm
threatened every day by the system. If I complained about
this system or don't let them do tricks, I'm dead.
And this comes a lot from Mr. Senator Stevens and
[illegible]. I heard that Mr. Senator Stevens is an old
Arizona senator from in the past. And that he found Mr.
Senator King in the mountains. I have a reason to be scared
here with the state because it happened to I know by state
officials. I'm asking your honor for a chance to appear
in court and try to see if the courts would please issue a
conditional release. If we want to find out this all I have
to do is to get the court to let me confront the people
I'm talking about. I'm asking to sue Mr. Senator
Stevens, Mr. Senator King, and Ste. Gen. Co. Jail. I'm
asking for $2.5 billion dollars in restitution. Please your
Court finds that plaintiffs allegations are factually
frivolous, and will dismiss the complaint for this reason
under 28 U.S.C. § 1915(e)(2)(B). "[A] court may
dismiss a claim as factually frivolous only if the facts
alleged are clearly baseless, a category encompassing
allegations that are fanciful, fantastic, and
delusional." Denton v. Hernandez, 504 U.S. 25,
32-33 (1992) (internal quotations and citations omitted).
"As those words suggest, a finding of factual
frivolousness is appropriate when the facts alleged rise to
the level of the irrational or the wholly incredible, whether
or not there are judicially noticeable facts available to
contradict them." Id. As the Supreme Court has
stated, district courts are "all too familiar" with
these types of claims, and are in the best position to
determine which claims are factually frivolous. Id.
the complaint as a whole, the Court cannot determine exactly
what plaintiff is attempting to allege. Plaintiff is
suspicious of the system, presumably the corrections system,
and is making claims that it is tricking him. For example,
plaintiff sees strange people around him, including FBI
agents. Plaintiff believes people are trying to read his
mind, he is hearing voices, and he is implicating unknown
senators. He also complains about medieval science techniques
trying to trick or control his mind. The Court finds these
claims clearly baseless and subject to dismissal.
plaintiffs allegations concern conduct that occurred in 2000
when he was an inmate at the Ste. Genevieve County Jail.
"Although the statute of limitations is an affirmative
defense, a district court may properly dismiss an in forma
pauperis complaint under 28 U.S.C. § l9l5 when it is
apparent the statute of limitations has run." Myers
v. Vogal, 960 F.2d 750, 751 (8th Cir. 1992). Section
1983 claims are analogous to personal injury claims and are
subject to Missouri's five-year statute of limitations.
Sulik v. Taney Cty., Mo., 393 F.3d 765, 766-67 (8th
Cir. 2005); Mo. Rev. Stat. § 516.120(4). Plaintiffs
claims appear to be eighteen years old, and are thus subject
to dismissal under the statute of limitations.
foregoing reasons, the Court will order this action dismissed
pursuant to 28 U.S.C § 1915(e)(2)(B).
IT IS HEREBY ORDERED that plaintiffs motion
to proceed in forma ...