Case 2:10-cv-01171-PMP-LRL Document 3 Filed 08/05/10 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEVADA
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`2:10-cv-01171-PMP-LRL
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`ORDER
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`)))
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`ROD BLAGOJEVICH,
`ERIC GRIFFIN,
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`Plaintiff,
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`)
`)
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`vs.
`BARACK OBAMA, et al.,
`)
`Defendants.
` /
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`))
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`))
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`This is a prisoner civil rights action. Plaintiff has failed to submit an application to proceed in
`forma pauperis on the required form. See 28 U.S.C. § 1915(a)(1)-(2); Local Rules of Special
`Proceedings 1-1, 1-2. Instead, plaintiff has filed a document styled “motion for in forma pauperis”
`(docket #1). As set forth below, even in the absence of an application to proceed in forma pauperis, the
`court must dismiss the complaint with prejudice as factually frivolous. The court now reviews the
`complaint, as well as a motion for appointment of counsel.
`I. Plaintiff’s Motion for Appointment of Counsel
`Plaintiff has filed a motion seeking the appointment of counsel in this case (docket #2). A
`litigant in a civil rights action does not have a Sixth Amendment right to appointed counsel. Storseth
`v. Spellman, 654 F.2d 1349, 13253 (9th Cir. 1981). In very limited circumstances, federal courts are
`empowered to request an attorney to represent an indigent civil litigant. The circumstances in which
`a court will make such a request, however, are exceedingly rare, and the court will make the request
`under only extraordinary circumstances. United States v. 30.64 Acres of Land, 795 F.2d 796, 799-800
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`Case 2:10-cv-01171-PMP-LRL Document 3 Filed 08/05/10 Page 2 of 5
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`(9th Cir. 1986); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986).
`A finding of such exceptional circumstances requires that the court evaluate both the likelihood
`of success on the merits and the plaintiff’s ability to articulate his claims in pro se in light of the
`complexity of the legal issues involved. Neither factor is dispositive, and both must be viewed together
`in making a finding. Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991)(citing Wilborn, supra, 789
`F.2d at 1331). The district court has considerable discretion in making these findings. The court will
`not enter an order directing the appointment of counsel. As discussed below, plaintiff’s complaint must
`be dismissed with prejudice as factually frivolous. Plaintiff’s motion for the appointment of counsel is
`denied.
` II. Screening Standard
`Pursuant to the Prisoner Litigation Reform Act (PLRA), federal courts must dismiss a prisoner’s
`claims, “if the allegation of poverty is untrue,” or if the action “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.” 28 U.S.C. § 1915(e)(2). A claim is legally frivolous when it lacks an arguable basis
`either in law or in fact. Nietzke v. Williams, 490 U.S. 319, 325 (1989). The court may, therefore, dismiss
`a claim as frivolous where it is based on an indisputably meritless legal theory or where the factual
`contentions are clearly baseless. Id. at 327. The critical inquiry is whether a constitutional claim,
`however inartfully pleaded, has an arguable legal and factual basis. See Jackson v. Arizona, 885 F.2d
`639, 640 (9th Cir. 1989).
`Allegations in a pro se complaint are held to less stringent standards than formal pleadings
`drafted by lawyers. See Hughes v. Rowe, 449 U.S. 5, 9 (1980); Haines v. Kerner, 404 U.S. 519, 520-21
`(1972) (per curiam); see also Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990). All
`or part of a complaint filed by a prisoner may be dismissed sua sponte, however, if the prisoner’s claims
`lack an arguable basis either in law or in fact. This includes claims based on legal conclusions that are
`untenable (e.g. claims against defendants who are immune from suit or claims of infringement of a legal
`interest that clearly does not exist), as well as claims based on fanciful factual allegations (e.g. fantastic
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`Case 2:10-cv-01171-PMP-LRL Document 3 Filed 08/05/10 Page 3 of 5
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`or delusional scenarios). See Neitzke, 490 U.S. at 327-28; see also McKeever v. Block, 932 F.2d 795,
`798 (9th Cir. 1991). Moreover, “a finding of factual frivolousness is appropriate when the facts alleged
`rise to the level of the irrational or the wholly incredible, whether or not there are judicially noticeable
`facts available to contradict them.” Denton v. Hernandez, 504 U.S. 25, 33 (1992). When a court
`dismisses a complaint under § 1915(e), the plaintiff should be given leave to amend the complaint with
`directions as to curing its deficiencies, unless it is clear from the face of the complaint that the
`deficiencies could not be cured by amendment. See Cato v. United States, 70 F.3d 1103, 1106 (9th Cir.
`1995).
`III. Instant Complaint
`Plaintiff, who is detained at the North Las Vegas Detention Center (“NLVDC”), has sued United
`States President Barack Obama and the United States Department of Justice. While only Eric Griffin
`has signed the complaint, he has listed “Rod Blagojevich” as an additional plaintiff. Plaintiff’s
`complaint is difficult to decipher, alleging the following:
`In June 2010 Barrack [sic] Obama used unknown agents to block
`a legal motion addressed to the Ninth Circuit Court of Appeals,
`RE: The Grand Jury in the Rod Blogojevich. Which would have
`given that Grand Jury more evidence of corruption by Obama and
`other officials in the Dept of Justice that was taking place while
`holding the Senate seat and right now in the Eric Griffin vs The
`Dept Of Justice case. Which is why Defendant has filed this
`motion, so the Grand Jury would investigate this misconduct by
`the Defendants taking place at this very moment, and to make
`sure all the criminal investigation stays on Plaintiff Rod
`Blagojevich, and nothing gets leaked back to Obama, this is
`obstruction and witness tampering by Defendants and has, and is
`still depriving both plaintiffs the right to a fair trial . . . .
`
`The court notes plaintiff’s lengthy history as a litigant before this court. Court records indicate
`that plaintiff has filed at least twenty-five actions in this court, prior and subsequent to his detention.
`(See, e.g., Griffin, et al. v. Steward, et al., 2:06-cv-00122-KJD-RJJ; Griffin et al. v. Dept. of Defence
`[sic] et al., 2:07-cv-01266-RLH-RJJ; People of Iran et al. v. United States Department of Justice, et al.,
`2:10-cv-00087-RCJ-PAL; People of China et al. v. United States Department of Justice, et al., 2:10-cv-
`00091-JCM-PAL). Numerous complaints filed by plaintiff have been dismissed with prejudice for
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`Case 2:10-cv-01171-PMP-LRL Document 3 Filed 08/05/10 Page 4 of 5
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`setting forth fantastic and delusional claims that lack any tenable legal theory. (See, e.g., Griffin v.
`Bush, 2:07-cv-00617-RCJ-GWF (dismissing with prejudice “based on an indisputably meritless legal
`theory and frivolity” complaint that included allegations that President George W. Bush was involved
`in injecting plaintiff’s brain with chemicals used to place subliminal and hypnotic messages into his
`brain causing torture and mind control) (docket #s 3, 7); Griffin v. White House, et al., 2:08-cv-00303-
`RCJ-GWF (dismissing with prejudice “based on an indisputably meritless legal theory and frivolity”
`complaint that included allegations that plaintiff was being held hostage by “voice to skull/mkultra” an
`alleged biological weapon and that Dick Cheney “violated” him by not “informing Senator Reid’s office
`to aid plaintiff by removing the banned biological weapon”) (docket #s 2, 4); Griffin v. Leavitt et al.,
`2:09-cv-00845-PMP-GWF (dismissing with prejudice as “fantastic, delusional, and irrational” complaint
`that alleged torture by “Voice-to-Skull technology”) (docket #s 5, 11); Griffin et al. v. Pro, 2:09-cv-
`01126-RCJ-GWF (noting that plaintiff has filed numerous lawsuits with this court alleging that he is
`being tortured by technological devices or chemicals that allow the government to eavesdrop on
`plaintiff, and dismissing with prejudice as “fantastic, delusional and irrational” complaint that included
`allegations that the court has covered up a “RICO Act crime” that resulted in several deaths and the
`ongoing assault of plaintiff) (docket #s 5, 8)).
`Here, lack of an application to proceed in forma pauperis notwithstanding, the court finds that
`plaintiff’s allegations are fantastic, delusional and irrational. This complaint must be dismissed with
`prejudice as frivolous, as it is clear from the face of the complaint that the deficiencies cannot be cured
`by amendment.
` IV. Conclusion
`IT IS THEREFORE ORDERED that the Clerk shall FILE the complaint (docket #1-1).
`IT IS FURTHER ORDERED that plaintiff’s complaint is DISMISSED with prejudice as
`delusional and factually frivolous.
`/ / /
`/ / /
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`Case 2:10-cv-01171-PMP-LRL Document 3 Filed 08/05/10 Page 5 of 5
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`IT IS FURTHER ORDERED that plaintiff’s motion for in forma pauperis (docket #1) is
`DENIED.
`IT IS FURTHER ORDERED that plaintiff’s motion for appointment of counsel (docket #2)
`is DENIED.
`IT IS FURTHER ORDERED that the Clerk shall ENTER JUDGMENT accordingly and
`close this case.
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`DATED: August 5, 2010.
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`
`
`
`PHILIP M. PRO
`United States District Judge
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