Kelly v. Obama, No. 4:2015cv00616 - Document 4 (E.D. Mo. 2015)
Court Description: OPINION, MEMORANDUM AND ORDER: HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. # 2 ] is GRANTED. FURTHER ORDERED that the Clerk shall not issue process or cause process to issue, because the complaint is legally frivol ous and fails to state a claim upon which relief can be granted. See 28 U.S.C. ' 1915(e)(2)(B). FURTHER ORDERED that plaintiff's motion for counsel [Doc. #3] is DENIED as moot.A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Henry Edward Autrey on 04/17/2015. (CLK)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MICHAEL RAY KELLY, Plaintiff, v. BARACK HUSSEIN OBAMA, Defendant. ) ) ) ) ) ) ) ) ) No. 4:15CV616 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court upon plaintiff=s motion for leave to commence this action without prepayment of the filing fee [Doc. #2]. Upon consideration of the financial information provided with the motion, the Court finds that plaintiff is financially unable to pay any portion of the filing fee. As a result, plaintiff will be granted leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. Additionally, after carefully reviewing the complaint, the Court will dismiss this action pursuant to 28 U.S.C. ' 1915(e)(2)(B). 28 U.S.C. ' 1915(e) Pursuant to 28 U.S.C. ' 1915(e)(2)(B), the Court may dismiss a complaint filed in forma pauperis if the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune from such relief. An action is frivolous if Ait lacks an arguable basis in either law or in fact.@ Neitzke v. Williams, 490 U.S. 319, 328 (1989). An action fails to state a claim upon which relief can be granted if does not plead Aenough facts to state a claim to relief that is plausible on its face.@ Bell Atlantic Corp. V. Twombly, 127 S. Ct. 1955, 1974 (2007). In reviewing a pro se complaint under ' 1915(e)(2)(B), the Court must give the complaint the benefit of a liberal construction. Haines v. Kerner, 404 U.S. 519, 520 (1972). The Court must also weigh all factual allegations in favor of the plaintiff, unless the facts alleged are clearly baseless. Denton v. Hernandez, 504 U.S. 25, 32-33 (1992). The Complaint Plaintiff brings this action for monetary damages against defendant Barack Hussein Obama. Plaintiff claims that on November 7, 2012, he was supposed to have received the reward money for the capture of “Usama Bin Laden.” Plaintiff states, inter alia, that the FBI emailed him and “reported that President Barrack Obama took [his] financial information to pay the Rewards for Justice, for [the] capture and death of Usama Bin Laden in the amount of $25 million, and an additional $50 million brought up by Secretary of State Clinton [in] 2011.” The complaint is 54 pages long; however, the Court is unable to ascertain the precise nature of any other claims plaintiff may be attempting to bring. 2 Discussion Having carefully reviewed the complaint, the Court concludes that plaintiff has failed to state sufficient facts to give fair notice of the claims asserted. The factual allegations are fanciful, incoherent, and delusional, and even affording the complaint a liberal construction, the Court is unable to ascertain the nature of plaintiff's claims. Although a pro se complaint is to be liberally construed, the complaint must contain a short and plain summary of facts sufficient to give fair notice of the claim asserted. Means v. Wilson, 522 F.2d 833, 840 (8th Cir. 1975). The Court will not supply additional facts or construct a legal theory for plaintiff that assumes facts that have not been pleaded. For these reasons, the complaint will be dismissed, without prejudice. Accordingly, IT IS HEREBY ORDERED that plaintiff=s motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue, because the complaint is legally frivolous and fails to state a claim upon which relief can be granted. See 28 U.S.C. ' 1915(e)(2)(B). 3 IT IS FURTHER ORDERED that plaintiff’s motion for counsel [Doc. #3] is DENIED as moot. A separate Order of Dismissal shall accompany this Memorandum and Order. Dated this 17th day of April, 2015 ___________________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE 4
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