- Case 4:07-cv—02668—SBA Document 5 Filed 05/24/2007 Paget of4
I F I IL. E D
2
MAY 2 4 2007
3 RICHARD w. wiEi
4 iiormiizriii Dismict or CALIFORNIA
5
6
7
8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10
E 11 MRS. LOUIS T. RECHT, No. C 07-2668 JL
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U E 12 Plaintiff,
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E 9 13 v. REFERRAL FOR REASSIGNMENT
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E LQ 14 ARMY,
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2 Li 15 Defendants.
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(75 E, 16
E E 17 This Court received PIaintiff’s Application to file in forma pauperis ("lFP") as
5 18 provided by 28 U.S.C. §1914.
19 "The clerk of each district court shall require the parties instituting any civil action,
20 suit or proceeding in such court. . . to pay a filing fee of $350 .... " 28 U.S.C. 1914(a). ln
21 the alternative, "[a]ny court of the United States may authorize the commencement . . . of
22 any suit . . . without prepayment of fees and costs or security therefor, by a person who
23 makes affidavit that he is unable to pay such costs or give security therefor." 28 U.S.C.
24 1914(a).
25 The court "may dismiss the case if the allegation of poverty is untrue, or if satisfied
26 that the action is frivolous or ma|icious." Id. at 1914(d). This allows the court to review prior
27 to service all claims brought pursuant to section 1914(d) and dismiss those claims that are
28 frivolous or malicious. See Denton v. Hernandez, 112 S. Ct. 1728, 1732-33 (1992).
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I Case 4:07-cv—02668—SBA Document 5 Filed 05/24/2007 Page 2 of 4
1 Dismissal for frivolousness prior to service under section 1914 (d) is appropriate
2 where no legal interest is implicated, i.e. where a claim is premised on an indisputably
3 meritless legal theory or is clearly lacking any factual basis. Neitzke v. Williams, 490 U.S.
4 319, 327 (1989).
5 Section 1914(d) also accords judges the unusual power to pierce the veil of the
6 complaint‘s factual allegations and dismiss those claims whose factual contentions are
7 clearly baseless. Denton v. Hernandez, /d.. Examples are claims describing fantastic or
8 delusional scenarios with which federal district judges are all too familiar.
9 Plaintiff in the case at bar has filed an incoherent stream of consciousness which
10 could not reasonably be characterized as a complaint. Only one example is "parol
E 11 Evidence, microfish and bills of sales areneeded due to illegal nartotics and herion
§ 12 andcociane and opium and non-FDA Aproved insects and Bio-Terrorism by canables using
o TE
E Q 13 the Human identityby aliens and family members cerially murdering and plotting
g 14 assignations without my permission against my planet earth and the animanls and
gg, E, 15 mammals and matamophiouses and thru the FBI/CIA Agency and Monoployy and CEO’s
g E 16 of all Corporations are employing all terrorist instead of stopping production and are even
E E 17 forcing actors and althets to poform and conceled weponds of sodium penathol and are
E 18 molesting all the animals and children even the court clerks and some Judges stating they
19 have ordered everyone to eaten. - signatures crimes." [sic] (Complaint at 2:5-15)
20 The language of this complaint is virtually identical to that of C-07-2670 JL, Recht v.
21 U.S. Army, filed on the same day and dismissed with prejudice.
22 This case is the fourth of eight filed by Ms. Recht within the last nine months. C-06-
23 4919 MMC, Recht v. U.S., was filed August 15, 2006 and dismissed on August 17. Plaintiff
24 then bombarded the court with motions and letters as recently as March 29, 2007. C-06-
25 4980 CRB, Recht v. Heart/and Financial, was filed August 17, 2006 and dismissed
26 November 29, 2006. Plaintiff in that case also filed numerous letters and motions until
27 March 28, 2007. C-06-4981 MEJ, Recht v. V/SA, was filed August 17, 2006. C-07-2668
28 JL, Recht v. Risk Management, the case at bar, was filed May 21, 2007. C-07-2670 JL,
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_ · Case 4:07-cv—02668—SBA Document 5 Filed 05/24/2007 Page 3 of4
1 Recht v. U.S. Army, was filed May 21, 2007. C-07-2671 EMC, Recht v. Homeland Security,
2 was filed May 21, 2007, C-07-2673 EMC, Recht v. Navy, was filed May 21, 2007, C—07-
3 2674 JCS, Recht et al. v. Hansen, was filed May 21, 2007. .
4 This case is a flagrant abuse of the court system by someone who has filed a
5 floridly delusional complaint. The application to file IFP here should be denied and the
6 complaint dismissed without service of process. However, Plaintiff has not consented to
7 the jurisdiction of this Court, as required by 28 U.S.C. §636(c), and Civil Local Rule 73. A
8 magistrate judge may not deny in forma pauperis status absent the consent of the party,
9 because that would be a dispositive ruling. Tripati v. Rison, 847 F.2d 548 (9th Cir. 1988).
10 Accordingly, this Court hereby refers this case for reassignment to a district court judge
E 11 with the recommendation that the IFP application be denied and the case dismissed with
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U E 12 prejudice.
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E {E 13 IT IS SO ORDERED
E 14 DATED: MayZ'-( 2007
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$ E 15 {
*5 E
5 2 16 JAMES LARSON
,2 Chief Magistrate Judge
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_ Case 4:07-cv—02668—SBA Document 5 Filed 05/24/2007 Page 4 of 4
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
MRS LOWS T RECHV case Number: CV07-02668 IL
Piainfiffi CERTIFICATE OF sERv1cE
v.
ARMY et al,
Defendant. /
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on May 24, 2007, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
Louis T. Recht
P.O. Box 424217
San Francisco, CA 94118
Dated: May 24, 2007
Richard W. Wieking, Clerk
By: Venice Thomas, Deputy Clerk
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