United States District Court, W.D. Virginia, Abingdon Division
Eric Flores, Pro Se Plaintiff El Paso, Texas.
JAMES P. JONES, District Judge.
Eric Flores, proceeding pro se and in forma pauperis, seeks leave to file a civil complaint entitled, "Petition to Challenge the Constitutionality of the First Amendment." While I will allow the complaint to be filed without prepayment of the filing fee, I will summarily dismiss it as frivolous.
The complaint seeks to assert on behalf of a class of "Mexican American citizens of the United States" various claims, including that federal employees have been "useing [sic] advanced technology with a direct signal to the satelite [sic] in outerspace that has the capacity of calculating genetic code to cause petitioners [sic] Uncle Jorge Salas severe heart pain... resulting in the death of... Uncle Jorge Salas."
The complaint is patently frivolous. Based upon the affidavit submitted in support of the application to proceed in forma pauperis, I will allow the complaint to be filed, but it will be summarily dismissed. See 28 U.S.C.A. § 1915(e)(2)(B)(i) (West 2006); Neitzke v. ...