United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER OF DISMISSAL
C. BRACK SENIOR UNITED STATES DISTRICT JUDGE
MATTER comes before the Court on pro se
Plaintiffs Complaint (Doc. 1 ("Compl.")), filed
April 19, 2019. and on Plaintiffs Application to Proceed in
District Court Without Prepaying Fees or Costs (Doc. 2. filed
April 19. 2019.
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 Fc. App'x. 879, 884
(10th Cir. 2010) (citing Ragcrn v. Cox, 305 F.2d 58,
60 (10th Cir. 1962)). "[A]n application to proceed
in forma pauperis should be evaluated in light of
the applicant's present financial status."
Scherer v. Kansas, 263 Fed.Appx. 667. 669 (10th Cir.
2008) (citing Holmes v. Hardy. 852 F.2d 151, 153
(5th Cir. 1988)). "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
...." See 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.
signed an affidavit declaring that she is unable to pay the
costs of these proceedings and stated: (i) her average
monthly income amount during the past 12 months was $400.00;
(ii) she expects $400.00 in income next month; and (iii) her
monthly expenses total $450.00. The Court grants Plaintiffs
Application to Proceed in District Court Without Prepaying
Fees or Costs because she signed an affidavit declaring that
she is unable to pay the costs of these proceedings and
because of her low monthly income.
of the Case
alleges that she has been harassed with
"electronic/directed energy." (Compl. at 6.)
"Directed-energy weapon is a ranged weapon system that
inflicts damage at a target by emission of highly focused
energy." (Id. at 7.) Plaintiff alleges that
"after reviewing both medical documentation and
environmental changes. [Plaintiffs] second degree burns are
from a directed energy weapon." (Id. at 18.)
Plaintiff does not identify the persons harassing/injuring
her. Plaintiff "is requesting emergency medical
assistance from the United States Air Force, to test and
eliminate the frequencies being used to torment, harass and
burn her." (Id.)
Complaint fails to state a claim. See Nasious v. Two
Unknown B.I.C.E. Agents. at Arapahoe Cty. Justice
C'tr., 492 F.3d 1158.1163 (10th Cir. 2007) C[T]o
state a claim in federal court, a complaint must explain what
each defendant did to him or her: when the defendant did it;
how the defendant's action harmed him or her; and. what
specific legal right the plaintiff believes the defendant
violated.")- The only allegation mentioning Defendants
The position of Directed Energy Directorate. Dr. Kelly Dr.
Kelly D. Hammett, Chief Scientist. Dr. Donald A. Shiftier,
and Assistant Chief Scientist, Dr. Jeremy Murray-Krezen. arc
located at the air force research laboratory, Kirtland air
force base. Albuquerque, New Mexico. The Air Force Research
Laboratory, 3550 Aberdeen Avenue SE, building 497. Kirtland
Air Force Base. New Mexico, 87117-5776, has both research and
testing facilities for electromagnetic systems and directed
microwave encrg) (mm wave).
at 2.) Plaintiff states she "is asking the United States
Air Force research laboratory or a military component to
schedule the necessary testing to save her life."
(Id. at 6.) Plaintiff fails to state with am
parlicularilj what each Defendant did lo Plaintiff, when the
Defendants committed these alleged unspecified actions, or
how those actions harmed Plaintiff.
is proceeding in forma pauperis. The statute
governing proceedings in forma pauperis states
"the court shall dismiss the case at any time if the
court determines that . . . the action . . . fails to state a
claim on which relief may be granted.'" 28 U.S.C.
§ 1915(e)(2). ...