Castaneda v. U.S. Dept Of Justice, No. 4:2011cv01463 - Document 19 (S.D. Tex. 2012)

Court Description: OPINION AND ORDER granting 12 MOTION/APPLICATION to Proceed In Forma Pauperis. Jaime Castaneda's motion to proceed in forma pauperis is GRANTED and the Clerk is ORDERED to return his filing fee. The Court further ORDERS that the complaint is DISMISSED as frivolous. Case terminated on January 19, 2012.(Signed by Judge Melinda Harmon) Parties notified.(htippen, )

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION JAIME E CASTANEDA, Plaintiff, VS. U.S. DEPT OF JUSTICE, et al, Defendants. § § § § § § § § CIVIL ACTION NO. H-11-1463 OPINION AND ORDER Pending before the Court is Plaintiff Jaime E. Castaneda s motion to proceed in forma pauperis. Doc. 12. In light of Castaneda s current financial situation and severe medical conditions, the Court finds that the application should be granted. This Court may dismiss a complaint filed in forma pauperis under 28 U.S.C. § 1915(e)(2)(B)(1) if the Court is satisfied that the action is frivolous or malicious. A complaint is frivolous if it lacks an arguable basis in law or fact. Denton v. Hernandez, 504 U.S. 25 (1989). A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, e.g., because defendants are absolutely immune from suit, or the complaint asserts a violation of a legal interest that does not exist, or the action is clearly barred by limitations. See, e.g., Allison v. Kyle, 66 F.3d 71 (5th Cir. 1995); Alfred v. Corrections Corp. of America, No. 0930614, 2011 WL 2201188, *2 (5th Cir. June 7, 2011). The Court may dismiss factual allegations that are clearly baseless, fanciful, or delusional. Alfred, 2011 WL 2201188 at *2 (citing Denton v. Hernandez, 504 U.S. 25, 32-33 (1992). [A] finding of factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible, whether or not there are judicially noticeable facts available to contradict them. Id., (citing Denton, at 33). 1/2 Here, Castaneda has filed a complaint against a diverse list of defendants including a Valero gas station attendant, an officer of the Texas Department of Public Safety, the Sheriff s Offices of two Texas counties, both the Governor and Secretary of State of Texas, and the United States Department of Justice in a case in which he seeks to overturn his DWI arrest and conviction in April, 2009 and recover damages for civil rights violations arising out of that conviction. See Doc. 1. Castaneda s collateral attack on his state-court conviction is not cognizable in this Court, nor has Castaneda alleged any set of facts that would suggest a violation of his civil rights committed by any named Defendant. The Court finds that Castaneda s complaint lacks any basis in law and therefore should be dismissed. Conclusion For the foregoing reasons, the Court hereby ORDERS that Jaime E. Castaneda s motion to proceed in forma pauperis is GRANTED and orders the Clerk of Court to return his filing fee. Further, the Court ORDERS that Jaime E. Castaneda s complaint is DISMISSED pursuant to § 1915(e) as frivolous. SIGNED at Houston, Texas, this 19th day of January, 2012. ___________________________________ MELINDA HARMON UNITED STATES DISTRICT JUDGE 2/2

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