UNITED STATES DISTRICT COURT 

JESSE WAYNE REID, JR., 

Plaintiff, 

v. 

RAY MABUS, et al., 

Defendants, 

DISTRICT OF OREGON 

6:15-cv-1556-TC 

FINDINGS AND 

RECOMMENDATION 

COFFIN, Magistrate, Judge. 

Plaintiff's Application to proceed in forma pauperis (#2) is 

allowed. However, for the reasons set forth below, plaintiff's 

complaint should be dismissed, without service of process, on the 

basis that it is frivolous. See 28 U.S.C. § 1915(d). 

BACKGROUND 

Plaintiff, a resident of Pittsburgh, Pennsylvania, filed a 

complaint pro se alleging claims against various military officers 

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and federal agency officials. 

STANDARDS 

A complaint filed in forma pauperis may be dismissed before 

service of process if it is deemed frivolous under 28 U.S.C. § 

1915(d). Neitzke v. Williams, 490 U.S. 319, 324 (1989); Jackson 

v. State of Ariz., 885 F.2d 639, 640 (9th Cir. 1989). A complaint 

is frivolous "where it lacks an arguable basis in law or in fact." 

Nietzke, 490 U.S. at 325; Lopez v. Dept. of Health Services, 939 

F.2d 881, 882 (9th Cir. 1991); Jackson, 885 F.2d at 640. The term 

"'frivolous' embraces not only the inarguable legal 

conclusion, but also the fanciful factual allegation." Neitzke, 

490 U.S. at 325 (footnote omitted); McKeever v. Block, 932 F.2d 

795, 798 (9th Cir. 1991); Jackson, 885 F.2d at 640. 

Accordingly, in reviewing a complaint for frivolity, a trial 

court may "pierce the veil of the complaint's factual allegations 

and dismiss those claims whose factual contentions are clearly 

baseless." Neitzke, 490 U.S. at 327. In so doing, the assessment 

of the factual allegations must be weighted in favor of the 

plaintiff. Denton v. Hernandez, 112 S.Ct. 1728, 1733 (1992). 

"Baseless" claims subject to sua sponte dismissal include 

those "describing fantastic or delusional scenarios." Neitzke, 

490 U.S. at 328; Denton, 112 S.Ct. at 1733; McKeever, 932 F.2d at 

7 98. " [A] finding of factual frivolousness is appropriate when 

the facts alleged rise to the level of the irrational or the 

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wholly incredible." Denton, 112 S.Ct. at 1733. 

DISCUSSION 

In the first place, none of plaintiff's factual allegations 

appear to have any relation to the State of Oregon. Therefore, 

there is an issue of this court's personal jurisdiction over 

defendants 

However, even if plaintiff could establish some 

jurisdictional basis for his claims, his court finds that the 

factual allegations in the instant case are irrational and wholly 

incredible. Regardless of how liberally the complaint is 

construed, the allegations of "voice to skull" and a massive 

conspiracy targeting 300,000 indi victuals with "electronic 

harassment" are not credible and fail to state a claim. 

CONCLUSION 

Based on the foregoing, plaintiff's complaint should be 

DISMISSED. Because it is apparent that the deficiencies of the 

complaint cannot be cured by amendment, the dismissal should be 

with prejudice. 

This recommendation is not an order that is immediately 

appealable to the Ninth Circuit Court of Appeals. Any notice of 

appeal pursuant to Rule 4 (a) (1), Federal Rules of Appellate 

Procedure, should not be filed until entry of the district court's 

judgment or appealable order. The parties shall have fourteen 

(14) days from the date of service of a copy of this 

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Case 6:15-cv-01556-TC Document 7 Filed 11/16/15 Page 3 of 4
recommendation within which to file specific written objections 

with the court. Thereafter, the parties have fourteen (14) days 

within which to file a response to the objections. Failure to 

timely file objections to any factual determinations of the 

Magistrate Judge will be considered a waiver of a party's right to 

de novo consideration of the factual issues and will constitute a 

waiver of a party's right to appellate review of the findings of 

fact in an order or judgment entered pursuant to the Magistrate 

Judge's recommendation. 

IT IS SO ORDERED. 

DATED this __/1p_ day of November, 2015. 

. Coffin 

Judge 

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