United States District Court, E.D. Missouri, Eastern Division
WILLIAM C. HUGHES, Plaintiff,
TODD RUNDGREN, et al., Defendants.
MEMORANDUM AND ORDER
A. ROSS, UNITED STATES DISTRICT JUDGE.
matter is before the Court upon the motion of plaintiff
William C. Hughes for leave to proceed in forma pauperis in
this civil action. Upon consideration of the motion and the
financial information provided in support, the Court
concludes that plaintiff is unable to pay the filing fee. The
motion will therefore be granted. Additionally, the Court
will dismiss the complaint, without prejudice.
Standard on Initial Review
28 U.S.C. § 1915(e)(2), 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 may be
granted. An action fails to state a claim upon which relief
may be granted if it does not plead "enough facts to
state a claim to relief that is plausible on its face."
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570
(2007). An action is frivolous if it "lacks an arguable
basis in either law or fact." Neitzke v.
Williams, 490 U.S. 319, 328 (1989). The term
"'frivolous,' when applied to a complaint,
embraces not only the inarguable legal conclusion, but also
the fanciful factual allegation." Id. While
federal courts should not dismiss an action commenced in
forma pauperis if the facts alleged are merely unlikely, the
court can properly dismiss such an action if the plaintiffs
allegations are found to be clearly baseless. Denton v.
Hernandez, 504 U.S. 25, 32-33 (1992). Allegations are
clearly baseless if they are "fanciful,"
"fantastic," or "delusional," or if they
"rise to the level of the irrational or the wholly
brings this action against music artist Todd Rundgren, Eric
Gardner, Panacea Entertainment, Warner Brothers Records, a
St. Louis area radio station, and Hubbard Broadcasting. He
begins his statement of claim as follows:
In this legal action, it will be alleged the defendants and
others in the music business are members of what their
entertainment industry calls "The Mafia" or
"The Mob" and that such entertainers have often
colluded and conspired to incite a "revolution" to
disable or replace the United States Government by
cyberattack or an armed insurrection.
(ECF No. 1 at 7). The remainder of the 26-page complaint
contains numerous nonsensical allegations such as the
Today, it is precisely computers at issue here, and not
witches, warlocks, dragons, or space aliens. Plaintiff here
again pleads for the appointment of a competent attorney to
avoid this case and subsequent filings from being dismissed
on legal technicalities. Would you like your government taken
over by a deranged rock star with a computer that bests the
National Security Agency (NSA)? Now hurl insults at the
plaintiff when the dispute about Google's insistence on
firewalling the NSA out was a newsworthy feud, the plaintiffs
death an eight point type notation in the Saint Louis
Post-Dispatch, if that.
Here it is alleged Ms. Nikenas intentionally dropped a bank
card for plaintiff to find and use. Eva Nikenas could not be
found to return the card after plaintiff had been introduced
to her son Patrick and father, who based on the appearance of
Eva and other males his age, may have been from Iran. The
bank card was later clipped to Cornell engineer Jeff
Yates' gift of a Trac Fone that was presumably
pickpocketed away from the plaintiff in a state named
California and a city called Los Angeles. This geopolitical
place will never again be seen by the plaintiff. Ms. Nikenas
stood out from the rest of the morbidly curious about
plaintiffs many difficulties when set upon by drug dealers,
bogus "Secret Service" agents, dirty deputies, con
artists, and common thugs. One of the problems as detailed
elsewhere was the many Hughes Aircraft "magic
tricks." In this case, graphics on the Logix Bank card
turned from a landscape into an image of an F-35 aircraft.
Unlike totalitarians from the political left and right,
plaintiff has no coercive methods with which to buy and
restore the old TWA office now used by the Saint Louis City
public library, or to acquire the old Warner Brothers lot. In
the mold of the TWA he flew on, this Hughes thought he might
buy some old aircraft and maintain them well, starting with
the roll-out of an old Boeing 7 4 7 like the one he alleges
was shot down by a missile to begin the "controlled
demolition" of Trans World Airlines. This would be done
with the 2001 A Space Odyssey theme as a sound bed, as all
Hughes persons who are not lawyers are showmen. The WB
cartoon slogan was, "That's all folks" as that
line ends this document to hopefully await a jury trial.
Id. at 16, 25.
claims he has suffered defamation of character, and
suppression of his First, Fourth and Fifth ...