Stokes v. The State of Maryland, No. 1:2009cv01801 - Document 3 (D. Md. 2009)
Court Description: MEMORANDUM OPINION. Signed by Judge Richard D Bennett on 7/15/09. (bmh, Deputy Clerk)(c/m 7/16/09)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND DAVID ANTIONE STOKES Plaintiff : : v : THE STATE OF MARYLAND : Defendant Civil Action No. RDB-09-1801 : o0o MEMORANDUM OPINION The above-captioned case was filed on July 8, 2009, together with a Motion to Proceed in Forma Pauperis. Because he appears indigent, Plaintiff s motion shall be granted. The pro se complaint raises numerous claims against various state officials some of which relate to criminal charges against Plaintiff. Most of the claims contain scandalous accusations that are clearly a product of Plaintiff s fantasy or delusion. A complaint that is totally implausible or frivolous, such as this, may be dismissed sua sponte for lack of subject matter jurisdiction pursuant to Fed R. Civ. P 12 (b)(1). See Apple v. Glenn, 183 F.3d 477 (6th Cir. 1999); O Connor v. United States, 159 F.R.D. 22 (D. Md. 1994); see also Crowley Cutlery Co. v. United States, 849 F.2d 273, 277 (7th Cir. 1988) (federal district judge has authority to dismiss a frivolous suit on his own initiative). Accordingly, by separate Order which follows, the Complaint shall be dismissed. July 15, 2009 Date /s/ RICHARD D. BENNETT UNITED STATES DISTRICT JUDGE
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