United States District Court, D. New Mexico
MIKKO T. SEKIYA, Plaintiff,
MIKE ROGERS, NDA/FBI/FISA, MARK ZUCKERBERG, and FACEBOOK, Defendants.
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS, DISMISSING THE COMPLAINT WITHOUT
PREJUDICE AND ORDER TO SHOW CAUSE
MATTER comes before the Court on pro se
Plaintiff's Application to Proceed in District Court
Without Prepaying Fees or Costs, Doc. 2, filed September 14,
2017 (“Application”) and on Plaintiff's
Complaint, Doc. 1, filed September 14, 2017. For the reasons
stated below, the Court will GRANT
Plaintiff's Application and DISMISS
Plaintiff's Complaint without
prejudice. Plaintiff shall have 14 days from
entry of this Order to file an amended complaint. Failure to
timely file an amended complaint may result in dismissal of
this case without prejudice. Plaintiff shall, within 14 days
of entry of this Order, show cause why the Court should not
impose filing restrictions.
to Proceed in forma pauperis
statute for proceedings in forma pauperis, 28 U.S.C.
§ 1915(a), provides that the Court may authorize the
commencement of any suit without prepayment of fees by a
person who submits an affidavit that includes a statement of
all assets the person possesses and that the person is unable
to pay such fees.
When a district court receives an application for leave to
proceed in forma pauperis, it should examine the papers and
determine if the requirements of [28 U.S.C.] § 1915(a)
are satisfied. If they are, leave should be granted.
Thereafter, if the court finds that the allegations of
poverty are untrue or that the action is frivolous or
malicious, it may dismiss the case[.]
Menefee v. Werholtz, 368 Fed.Appx. 879, 884 (10th
Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60
(10th Cir. 1962). “The statute [allowing a litigant to
proceed in forma pauperis ] was intended for the
benefit of those too poor to pay or give security for
costs....” Adkins v. E.I. DuPont de
Nemours & Co., 335 U.S. 331, 344 (1948). While a
litigant need not be “absolutely destitute, ”
“an affidavit is sufficient which states that one
cannot because of his poverty pay or give security for the
costs and still be able to provide himself and dependents
with the necessities of life.” Id. at 339.
Court will grant Plaintiff's Application to Proceed in
District Court Without Prepaying Fees or Costs. Plaintiff
signed an affidavit stating he is unable to pay the costs of
these proceedings and provided the following information: (i)
Plaintiff is unemployed; (ii) Plaintiff's average monthly
income is $0.00; (iii) Plaintiff's monthly expenses total
$0.00; and (iv) Plaintiff owns no assets. The Court finds
that Plaintiff is unable to pay the costs of this proceeding
because he is unemployed and has no income.
of Proceedings In Forma Pauperis
statute governing proceedings in forma pauperis
requires federal courts to dismiss an in forma
pauperis proceeding that “is frivolous or
malicious; ... fails to state a claim on which relief may be
granted; ... or seeks monetary relief against a defendant who
is immune from such relief.” See 28 U.S.C.
§ 1915(e)(2). “[P]ro se litigants are to be given
reasonable opportunity to remedy the defects in their
pleadings.” Hall v. Bellmon, 935 F.2d 1106,
1110 n.3 (10th Cir. 1991).
alleges the following facts:
[Mike Rogers] is fully knowledgeabale of the so called
investigation that is taking place.
. . . .
I Mikko T. Sekiya a United States Citizen has been having a 3
yr long harrassing by the FBI/NSA throught the FISA Agency I
have become what they call a FISA 702 as an American I cannot
become a FISA 702. I have asked a number of times for this to
stop Mark Zuckerberg/Facebook has been going along with this
unethical way of investigation that is being conducted.
. . . .
privacy act my 3rd 4th amendment has been violated for the