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Recht v. United States Doc.

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Case 3:06-cv-04919-MMC Document 3 Filed 08/17/2006 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT
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9 FOR THE NORTHERN DISTRICT OF CALIFORNIA
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11 MRS. LOUIS T. RECHT, No. C-06-4919 MMC
United States District Court

Plaintiff, ORDER DISMISSING COMPLAINT;


For the Northern District of California

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DENYING APPLICATION TO PROCEED
13 v. IN FORMA PAUPERIS
14 UNITED STATES,
15 Defendant
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17 Before the Court is plaintiff’s application to proceed in forma pauperis and her
18 complaint against defendant United States, both of which were filed August 15, 2006.
19 Pursuant to 28 U.S.C. § 1915(e), where a plaintiff seeks to proceed in forma
20 pauperis, the Court must dismiss the complaint if the Court determines that the complaint is
21 frivolous or malicious, or that the plaintiff has failed to state a claim upon which relief can be
22 granted. See 28 U.S.C. § 1915(e)(2)(B)(i), (ii).
23 Here, plaintiff’s complaint falls directly within the category of pleadings identified in
24 § 1915(e)(2)(B)(i) and (ii). Plaintiff alleges she is “being held hostage by [illegible] and FBI
25 Risk Management and Homeland Security declaring war wrongfully by doctors feeding
26 Americans who are white to cannibals who are child molesters and animals molesters with
27 rabies, tetanus, AIDS, herpes, heartworm with eyes seeing out of their mouths not their
28 eyes.” The complaint continues in a similar manner for multiple pages without setting forth

Dockets.Justia.com
Case 3:06-cv-04919-MMC Document 3 Filed 08/17/2006 Page 2 of 2

1 a viable claim against the United States, and there is no indication plaintiff can cure the
2 deficiencies in her complaint.
3 Accordingly, plaintiff’s complaint is hereby DISMISSED, pursuant to 28 U.S.C.
4 § 1915(e)(2)(B), and plaintiff’s application to proceed in forma pauperis is hereby DENIED
5 as moot.
6 The Clerk shall close the file.
7 IT IS SO ORDERED.
8 Dated: August 17, 2006
MAXINE M. CHESNEY
9 United States District Judge
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