Herrera v. Six Unknown Agents et al, No. 1:2010cv01421 - Document 2 (N.D. Ga. 2010)

Court Description: ORDER and OPINION DISMISSING CASE AS FRIVOLOUS pursuant to 28 USC 1915A. For the purpose of dismissal only, Plaintiff is granted leave to file this action In Forma Pauperis. Signed by Judge Marvin H. Shoob on 06/07/2010. (rvb)
Download PDF
IN THE UNITED STATES DISTRICT COURT 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 PRESIDE.t-.'T BARACK OBAMA, Defendants. CIVIL ACTION NO. 1: 1O-CV-1421-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) a review of the decisions of Supreme Court Justice Samuel Alito, Jr.; and (2) money damages. (fd.) The complaint also contains a 37 -page list of other federal prisoners and/or detainees who Plaintiff seeks to name as additional plaintiffs. (fd. at 2-39.) Plaintiff asks that these prisoners (1) be given televised hearings, (2) have counsel appointed, and (3) have their cases published in unspecified newspapers. (Id. at 2-5.) This action is a nearly verbatim copy of two prior civil rights actions filed by Plaintiff which were summarily dismissed as frivolous. See Herrera v. Six Unknown Named Agents, Civil Action No. 1:10-CV-I042-MHS (N.D. Ga. May 5,2010); Herrera v. Six Unknown Named Agents, Civil Action No. 1:10-CV­ 0701-MHS (N.D. Ga. Mar. 31,2010). For the reasons given in the Orders dismissing Plaintiff's previous civil actions, 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 DISMISSED, pursuant to 28 U.S.c. § 1915A For the purpose ofdismissal only, Plaintiffis GRANTED leave to file this action in forma pauperis. IT IS SO ORDERED, this 4- day 0;J1tJ'\ r ,2010. H. SHOOB UNITED STATES DISTRICT JUDGE lv.u;~VIN 2