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Martinez v. Caesar

United States District Court, D. Maine

August 6, 2019

LITTLE CAESAR CAESAR, et al., Defendants


          John H. Rich III United States Magistrate Judge

         In this action alleging war crimes and various forms of abuse against a wide range of unrelated defendants, pro se plaintiff sisters Ursula and Melinda Martinez seek in forma pauperis status. I grant the plaintiffs' request for leave to proceed in forma pauperis but recommend that the court dismiss the action with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B).

         I. Application To Proceed in Forma Pauperis

         In forma pauperis status is available under 28 U.S.C. § 1915(a)(1). In their nearly identical motions to proceed in forma pauperis, the plaintiffs declare under penalty of perjury that they have no income or assets, except “Martinez maisons [sic] and land” for which they have no “paperwork.” See ECF Nos. 4-5. Ursula Martinez also notes that she has $40, 000 in student loan debt. See ECF No. 4. These financial circumstances entitle them to proceed in forma pauperis, and their application is granted.

         II. Section 1915(e)(2)(B) Review

         A. Applicable Legal Standard

         The federal in forma pauperis statute, 28 U.S.C. § 1915, is designed to ensure meaningful access to the federal courts for those persons unable to pay the costs of bringing an action. When a party is proceeding in forma pauperis, however, “the court shall dismiss the case at any time if the court determines[, ]” inter alia, that the action is “frivolous or malicious” or “fails to state a claim on which relief may be granted” or “seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B).

         “Dismissals [under § 1915] are often made sua sponte prior to the issuance of process, so as to spare prospective defendants the inconvenience and expense of answering such complaints.” Neitzke v. Williams, 490 U.S. 319, 324 (1989); see also Mallard v. United States Dist. Court S.D. Iowa, 490 U.S. 296, 307-08 (1989) (“Section 1915(d), for example, authorizes courts to dismiss a ‘frivolous or malicious' action, but there is little doubt they would have power to do so even in the absence of this statutory provision.”).[1]

         When considering whether a complaint states a claim for which relief may be granted, a court must assume the truth of all well-plead facts and give the plaintiff the benefit of all reasonable inferences therefrom. Ocasio-Hernández v. Fortuño-Burset, 640 F.3d 1, 12 (1st Cir. 2011). A complaint fails to state a claim upon which relief can be granted if it does not plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007).

         Although a pro se plaintiff's complaint is subject to “less stringent standards than formal pleadings drafted by lawyers, ” Haines v. Kerner, 404 U.S. 519, 520 (1972), this is “not to say that pro se plaintiffs are not required to plead basic facts sufficient to state a claim[, ]” Ferranti v. Moran, 618 F.2d 888, 890 (1st Cir. 1980). To allege a civil action in federal court, it is not enough for a plaintiff merely to allege that a defendant acted unlawfully; a plaintiff must affirmatively allege facts that identify the manner in which the defendant subjected the plaintiff to a harm for which the law affords a remedy. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

         A complaint or claim is frivolous when “it lacks an arguable basis either in law or in fact.” Denton v. Hernandez, 504 U.S. 25, 31 (1992) (citation and internal quotation marks omitted). A complaint or claim is “factually frivolous only if the facts are clearly baseless, a category encompassing allegations that are fanciful, fantastic, and delusional.” Id. at 32-33 (citations and internal quotation marks omitted). “As those words suggest, 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 noticed facts available to contradict them.” Id. at 33. “An in forma pauperis complaint may not be dismissed, however, simply because the court finds the plaintiff's allegations unlikely.” Id. See also Miller v. Kennebec Cty. Sheriff's Dep't, No. 94-1859, 1995 WL 281644, at *1 (1st Cir. May 12, 1995) (unpublished) (setting forth Denton standard for dismissal of frivolous in forma pauperis complaints).

         B. Factual Background

         The thrust of the plaintiffs' Complaint for a Civil Case (“Complaint”) (ECF No. 1) is that the plaintiffs and various family members have been subjected to ongoing abuses by both known and unknown individuals for more than 1, 000 years, with the defendants, among others, continuing to perpetrate abuses on the plaintiffs and other family members. The plaintiffs allege that:

         Mon Martinez was abducted “more than 1000 years ago” and subjected to various abuses, including “having her embryons [sic] and power stolen daily[, ]” being suffocated with “clear plastic bags, ” “helium, ” “carbon dioxide, ” and “carbon monoxide[, ]” and having her daughters “electrocuted and gang raped[.]” Complaint at [13]. These abuses against members of the Martinez family continued. See id. at [13]-[14]. “[U]known individuals stole nuclear bluid [sic]” from the ...

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