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Mize v. United States Navy

United States District Court, D. Nevada

July 24, 2014

JAMES KENNETH MIZE, Plaintiff,
v.
UNITED STATES NAVY, et al., Defendants.

ORDER/REPORT AND RECOMMENDATION

C. W. HOFFMAN, Jr., Magistrate Judge.

This matter is before the Court on Plaintiff's handwritten Motion/Application for Leave to Proceed in Forma Pauperis (#1) and petition for writ of mandamus(#1-1), filed July 21, 2014. Plaintiff has submitted several applications to proceed in forma pauperis with the Court in the past thirty (30) days. See Mize v. United States of America, 2:14-cv-1179-RFB-VCF (filed July 18, 2014/IFP application pending); Mize v. Hagel, 2:14-cv-1113-JAD-NJK (filed July 8, 2014/Report and Recommendation denying IFP application pending); Mize v. Clark County Justice Court, 2:14-cv-1114-JCM-GWF (filed July 8, 2014/Amended IFP application pending); Mize v. Federal Bureau of Investigation, 2:14-cv-1115-JAD-CWH (filed July 8, 2014/Renewed IFP application pending); and Mize v. United States Navy, 2:14-cv-1127-APG-VCF (filed July 9, 2014/Report and Recommendation that the claim be dismissed with prejudice).

I. In Forma Pauperis Application

Pursuant to 28 U.S.C. ยง 1915(a), "any court of the United States may authorize commencement... of any suit... without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefore." The Court's Local Rules require the application to proceed in forma pauperis "be made on the form provided by the Court[.]" LSR 1-1, Plaintiff has not complied with these provisions in this matter, as the application to proceed in forma pauperis was not made on the form provided by the Court. Under these circumstances, normally, the Court would deny the application without prejudice and require Plaintiff to submit a completed application.

Nevertheless, being mindful of the charge to "liberally construe the inartful pleadings' of pro se litigants, see Eldridge v. Block, 832 F.2d 1132, 1137 (9th Cir. 1987), the undersigned has undertaken a review of the affidavit submitted in support of the IFP application, wherein Plaintiff claims as follows:

1. He has a corporate bank account with $40, 000.00 provided by his co-workers at Area 51, all of whom have been murdered on the instruction of the director of Area 51. He has not been given the identity of this account or been made aware of the location where the account was opened. He is aware, however, that the account has a feature permitting the voice transfer of funds, which has been utilized by individuals recording unrelated conversations with him to access the account.

2. He was paid $30 trillion by check in 2014.

3. He has received "a few" $1 trillion checks for payment relating to "2, 000 [pounds] of material recovered" from inside his person.

4. He receives $1 trillion every other month as an interest payment on his half ownership in the balance of "[P]lanetary [B]anking[.]" He asserts that the interest payments can fluctuate when the balance at Planetary Banking fluctuates to $2.3 zillion from $1 zillion.

5. He owns a retirement home identified as "the Virginian" valued at $40 million purchased for him by the Department of State.

6. He has received, for an unidentified number of years, $100 million payments from the Department of State.

7. He owns 28 "[m]agnumspectrometer [s]atellites" that he rents for $140, 000.00.

8. He receives an annual salary of perhaps $100, 000.00 for his work as the Director ...


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