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Tichot v. United States Dep't of State

United States District Court, D. Maine

December 1, 2014

JOHN TICHOT, Plaintiff
v.
UNITED STATES DEPARTMENT OF STATE, Defendant

JOHN TICHOT, Plaintiff, Pro se, LEWISTON, ME.

ORDER GRANTING IN FORMA PAUPERIS STATUS, RECOMMENDED DECISION ON MOTION FOR INJUNCTION, AND RECOMMENDED DISMISSAL OF THE CASE IN ITS ENTIRETY

John H. Rich, III, United States Magistrate Judge.

John Tichot, a self-described human rights activist, has filed a pleading (titled " class action lawsuit") seeking independence and sovereignty for the Upper Nile (ECF No. 1), an application for leave to proceed in forma pauperis (ECF No. 4), and a motion for an injunction against the United States Border Patrol and the " Maine State Security Police Agency, " apparently to stop them from harassing and torturing him (ECF No. 5). I grant his request to proceed in forma pauperis, but also recommend that the court deny the motion for injunction and dismiss the action with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B).[1]

In forma pauperis status is available under 28 U.S.C. § 1915(a)(1). However, section 1915(e)(2)(B) also provides, in relevant part:

[T]he court shall dismiss the case at any time if the court determines that--
. . .
(B) the action or appeal--
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune from
such relief.

28 U.S.C. § 1915(e)(2)(B).

The plaintiff's application to proceed in forma pauperis (ECF No. 4) establishes that he has no funds with which to pay the filing fee for this action, ...


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