United States District Court, E.D. Wisconsin
ORDER GRANTING PLAINTIFF'S MOTION TO PROCEED
WITHOUT PREPAYING THE FILING FEE (DKT. NO. 2) AND DISMISSING
CASE FOR FAILURE TO STATE A CLAIM
PAMELA PEPPER UNITED STATES DISTRICT JUDGE
September 26, 2019, the plaintiff, who is proceeding without
an attorney, filed a complaint suing “federal
courts” for violating his rights by following and
stalking him even though he hadn't committed any crimes.
Dkt. No. 1 at 2. According to the plaintiff, the federal
government records him everywhere he goes, films him and puts
things in the food he eats. Id. The plaintiff says
that the government places federal agents at the jobs where
he works to follow and watch him. Id. The plaintiff
alleges that the government does all these things, and has
been doing them for seven months, because he is a special
person to the universe. Id. The plaintiff asks the
court for a reward and an order barring “them”
from “committing illegal crimes and conspiracies on the
people of the United States.” Id. at 4. The
plaintiff also filed a request to proceed without prepaying
the filing fee. Dkt. No. 2. Although it appears that the
plaintiff lacks the funds to prepay the filing fee, the court
will dismiss the complaint for failure to state a claim.
Plaintiff's Ability to Pay the Filing Fee
allow the plaintiff to proceed without prepaying the filing
fee, the court first must decide whether the plaintiff can
pay the fee; if not, it must determine whether the lawsuit is
frivolous, malicious, or fails to state a claim upon which
relief can be granted. 28 U.S.C. §§1915(a) and
1915(e)(2)(B)(i). The plaintiff's request to proceed
without prepaying the fee says that he is not employed (and
that he was fired because of the federal government),
although he indicates that he has monthly wages or salary of
$1, 000. Dkt. No. 2 at 2. He reports that he is not married,
but that he has two young children whom he supports with a
total of $450 per months. Id. at 1. He lists no
rent, mortgage, car payments, credit card payments or
household expenses, but says that he must pay $240 per month
in alimony or child support. Id. at 2. He also
reports a monthly storage fee expense of $37. Id. at
3. The plaintiff says that he doesn't own a home or a car
and that he has a balance of $0.10 in a bank account.
Id. The plaintiff says that he is staying at a Motel
6 because he is homeless. Id. at 4. Based on the
information in the request, the court concludes that the
plaintiff does not have the ability to pay the filing fee.
court next must decide whether the plaintiff has raised
claims that are legally “frivolous or malicious,
” that fail to state a claim upon which relief may be
granted, or that seek monetary relief from a defendant who is
immune from such relief. 28 U.S.C. §1915A(b). To state a
claim for which a federal court can grant relief, a plaintiff
must provide a “short and plain statement of the
claim” showing that he is entitled to that relief.
Federal Rule of Civil Procedure 8(a)(2). A plaintiff does not
need to plead every fact supporting his claims; he needs only
to give the defendant fair notice of the claim and the
grounds upon which it rests. Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v.
Gibson, 355 U.S. 41, 47 (1957)). At the same time, the
allegations “must be enough to raise a right to relief
above the speculative level.” Id.
Facts Alleged in the Complaint
plaintiff's statement of claim consists of the following
Federal government violated my rights by following me
stalking me and I have committed any crimes [sic]. They also
record me every were [sic] I go and film me they also put
things in the food I eat place federal agents at jobs that I
work at to follow and watch me. They did it because of who I
am a special person to the universe. It's been going on
for the last 7 months.
Dkt. No. 1 at 2.
are limits on the kinds of cases that a federal court may
consider. It can consider and decide cases that involve
violations of federal laws or the federal
Constitution. 28 U.S.C. §1331. Federal courts also can
consider and decide lawsuits between citizens of different
states, if the amount they are fighting over is more than
$75, 000. 28 U.S.C. §1332.
plaintiff has not sued any individual person or persons, or
any government agencies. He hasn't identified any law
that the federal courts or the federal government has broken.
He says in his application to waive the filing fee that the
federal courts or the federal government have violated his
right to privacy, gotten him fired from jobs and gotten his
gym membership canceled, but he does not identify the law or
constitutional provision that gives him the privacy right he
the plaintiff named “federal courts” as the
defendant on the first page of his complaint, he hasn't
accused the federal courts of doing anything to him.
Instead, he alleges that the federal government has
violated his rights. Dkt. No. 1 at 2. The doctrine of
sovereign immunity shields the federal government and its
agencies from suit. Fed. Deposit Ins. Corp. v.
Meyer, 510 U.S. 471, 475 (1994). Even if that
weren't true, and the plaintiff could sue the federal
government, the court would not be able to let him proceed on
this complaint. He hasn't provided enough facts for the
court to determine whether he has a claim that a federal
court can recognize. He does not identify who is following
him, or how he knows that they are following him. He does not
say where these events happened, how many times, or when. He
does not explain where he was working, when he lost his jobs
or why he believes that the federal government was
responsible for ...