Herrera v. Six Unknown Names Agents et al, No. 1:2010cv01042 - Document 2 (N.D. Ga. 2010)

Court Description: ORDER AND OPINION DISMISSING CASE AS FRIVOLOUS pursuant to 28 USC 1915A. Plaintiff is granted leave to file this action In Forma Pauperis for the purpose of dismissal only. Signed by Judge Marvin H. Shoob on 05/04/2010. (rvb)
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FILED IN CLERK'S OFFICE U.S .D .C . Atlanta ~~',AY 0 4, 2010 JAMES N . HATTEN, Clerk IN THE UNITED STATES DISTRICT COURTY: FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION SERGIO HERRERA, Plaintiff, ~ PRISONER CIVIL RIGHTS 28 U .S .C . § 1331 V. SIX UNKNOWN NAMED AGENTS and PRESIDENT BARACK OBAMA, Defendants. CIVIL ACTION NO . 1 :10-CV-1042-MHS ORDER AND OPINION In this 28 U .S .C . § 1331 pro se civil rights complaint, Plaintiff, currently confined at Airpark Unit Correctional Center in Big Spring, Texas, has submitted a single page of mostly unrelated and incoherent phrases . (Doc. 1 at 1 .) The complaint does list the following two requests for relief : (1) "review by the writ of certiorari" all of the "final judgments" by Supreme Court Justice Samuel Alito, Jr . ; and (2) money damages . (Id.) The complaint also contains a 38-page list of other federal prisoners and/or detainees who Plaintiff seeks to name as additional plaintiffs . (Id. at 2-39 .) Plaintiff asks that these prisoners be given separate hearings, and that these hearings be televised . (Id. at 2-5 .) Plaintiff previously filed a civil rights action that is nearly a verbatim copy of this action. See Herrera v . Six Unknown Named Agents, Civil Action No . 1 :10- AO 72A (Rev . 8/82) Deputy C CV-0701-MHS (N .D. Ga. Mar. 31, 2010) . On March 31, 2010, the previous action was dismissed as frivolous . Id., Docs . 2 and 3 . For the reasons given in the Order dismissing Plaintiff's previous civil action, this action should also be dismissed as frivolous, pursuant to 28 U .S .C . § 1915A . IT IS ORDERED that this pro se civil rights complaint [Doc . 1 ] is DISMI S SED, pursuant to 28 U .S .C . § 1915A . For the purpose of dismissal only, Plaintiff is GRANTED leave to file this action in forma pauperis . IT IS SO ORDERED , this day of 2010 . W ,R IN H. SHOOB UNITED STATES DISTRICT JUDGE 2 AO 72A ( Rev . 8 /82)