Avery v. United States of America
| Robert Christopher Avery |
| United States of America |
| 3:2021cv00578 |
| April 19, 2021 |
| US District Court for the District of Oregon |
| Marco A Hernandez |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 4
ORDER: A district court must dismiss an action initiated by a plaintiff proceeding in forma pauperis if the Court determines that the action (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. See 28 U.S.C. 1915(e)(2). When a plaintiff is proceeding pro se, the court must construe the pleadings liberally and afford the plaintiff the benefit of any doubt. Erickson v. Pardus, 551 U.S. 89, 94 (2007). A pro se litigant will be given leave to amend his or her complaint unless it is clear that the deficiencies of the complaint cannot be cured by amendment. Karim-Panahi v. Los Angeles Police Dep't, 839 F.2d 621, 623 (9th Cir. 1988); Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir. 2000).In his Complaint, Plaintiff names as Defendant the United States "AS EXECUTED BY" President Joseph Biden. Compl., ECF 1. He alleges a confusing and wide-ranging conspiracy that seemingly involves the Israel Defense Forces, Central Intelligence Agency, the United Nations, "RUSSIAN INTELLIGENCE STATE SABOTAGE UNIT 29155," the Governor of Oregon, and "ANCIENT FREE AND ACCEPTED MASONIC EPSTEIN CULT." Id. Plaintiff alleges President Biden abused the power of his office to "REFUSE PLAINTIFF $250,000 WINNINGS BY DESTROYING THE IIG PARANORMAL TALENT CONTEST PROCEEDINGS," carry out "USAMRIID BIOLOGICAL WARFARE TREASON NOVEL SARS CORONAVIRUS," and attempt to maim or murder Plaintiff, "AS PAPICIDE," by planting a sharp stick in his lettuce. Id.Plaintiff's Complaint is "clearly baseless," "fanciful," "delusional," and "lack[s] an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325-28 (1989). The Court therefore GRANTS Plaintiff's Application to Proceed In Forma Pauperis #2 and DISMISSES Plaintiff's Complaint #1 with prejudice because the allegations are so patently frivolous. Ordered by Judge Marco A. Hernandez. (Deposited in outgoing mail to pro se party on 5/3/2021.) (jp)
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| Filing 3 Notice of Case Assignment: This case is assigned to Judge Marco A. Hernandez. (Deposited in outgoing mail to pro se party on 4/19/2021.) (sss) |
| Filing 2 Application for Leave to Proceed IFP. Filed by Robert Christopher Avery. (sss) |
| Filing 1 Complaint. Jury Trial Requested: No. Filed by Robert Christopher Avery against United States of America. (Attachments: #1 Civil Cover Sheet). (sss) |
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| Plaintiff: Robert Christopher Avery | |
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| Defendant: United States of America | |
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