Akinro v. Radio Shack - Document 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION FRANCIS AKINRO, Plaintiff, v. RADIO SHACK, et al., Defendants. * * * * * * * * * * * * * * * * * * * CIVIL NO.: WDQ-10-1296 MEMORANDUM OPINION On May 17, 2010, Francis Akinro,1 pro se, sued Radio Shack and over 50 individuals--including a federal court judge, "Mrs. Barbara Bush," and several Nigerian citizens--and moved for leave to proceed in forma pauperis.2 complaint alleges that: [D]efendant Radio Shack advertise[d] their cell phone from Nokia and refuse[d] to sell it [to] me as advertise[d]. At California Mr. Joseph Taye Badejo and his conspirator prevent me from using this card by blockage it and prepared statement every month and the statement they prepared is not what I buy. This statement did not come from Radio Shack. Mr. Badejo and his conspirator are wearing Paper Nos. 1 & 2. The 1 Akinro claims to be "U.S. Solicitor General," "Assistant Attorney General," and a "Professor." See Compl. 3-4. 2 Akinro states that he (1) receives $3,063 per month in retirement income, (2) has been employed by the U.S. Department of Justice since July 2009, and (3) has about $200,000 in the bank. Paper No. 2 at 2. Although Akinro's indigency application contains questionable information, the Court will grant him leave to proceed in forma pauperis.  California Police uniform and are open[ing] gun fire on me every one hour. I am just lucky to be alive. Compl. 2. As relief, Akinro seeks (1) $897,000 in damages, (2) an injunction ordering Radio Shack to reactivate his credit card, and (3) sentences of life imprisonment and the death penalty for the individual defendants. Id. at 3. A "Complaint Addendum" lists over 50 individual defendants, whose connections to the complaint are unclear. Id. at Ex. 1. An arrest warrant is also attached to the complaint, which invokes the Federal Rules of Criminal Procedure and the "California Penal Code." Id. at Ex. 2. Prior to the service of process, federal courts may dismiss sua sponte claims filed in forma pauperis "if satisfied that the action is frivolous or malicious." Neitzke v. Williams, 490 U.S. 319, 324 (1989); see also 28 U.S.C. § 1915(e)(2).3 Factually baseless lawsuits include those "describing fantastic or delusional scenarios, with which federal district judges are all too familiar." Id. at 328. Even giving the Complaint and its attachments a generous construction, the Court finds no basis to permit the action to continue or to allow supplementation. The Complaint is replete 3 See also Denton v. Hernandez, 504 U.S. 25, 33 (1992); Cochran v. Morris, 73 F.3d 1310, 1314 (4th Cir. 1996); Nasim v. Warden, 64 F.3d 951, 954-55 (4th Cir. 1995). 2  with fanciful and delusional allegations. be dismissed under 28 U.S.C. § 1915(e)(2). Accordingly, it shall May 27, 2010 Date __________/s/________________ William D. Quarles, Jr. United States District Judge 3