Lewellen Bridges v. Does

United States District Court for the Eastern District of Arkansas

Lewellen Bridges v. Does

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

JAMES BRADLEY SMITH LEWELLEN BRIDGES PLAINTIFF

v. Case No. 3:22-cv-00168-JM

DOES, 1-3, Two Male Ambulance Employees DEFENDANTS

ORDER

Plaintiff James Bridges’s motion to proceed in forma pauperis is granted.1 He reports living on social security income and supporting several dependents.2 The law requires that I screen the Complaint.3 Bridges alleges that Doe EMTs performed unlawful surgery on him and sexually assaulted him while he was being transported to a hospital.4 Bridges asserts the EMTS attempted to murder him and threatened him by saying they had two places to bury him.5 An action is frivolous if its allegations are “fanciful . . . fantastic or delusional,” its “factual contentions are clearly baseless,” or it is “based on an indisputably meritless legal theory.”6 A “finding of frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible.”7

1 See Martin-Trigona v. Stewart,

691 F.2d 856, 857

(8th Cir. 1982) (per curiam) (complaint can be filed if plaintiff qualifies by economic status under

28 U.S.C. § 1915

(a)).

2 Pl.’s Mtn. for Leave to Proceed IFP, Doc. 1.

3

28 U.S.C. § 1915

(e)(2).

4 Complaint, Doc. 2.

5

Id. at 6

.

6 Denton v. Hernandez,

504 U.S. 25, 32-33

(1992); Nietzke v. Williams,

490 U.S. 319, 327-29

(1989).

7 Denton,

504 U.S. at 33

. Bridge’s claims fall into this category. Accordingly, his complaint will be dismissed without prejudice. IT IS THEREFORE ORDERED that: 1. Bridge’s motion to proceed in forma pauperis (Doc. 1) is GRANTED. 2. The Complaint (Doc. 2) is DISMISSED without prejudice. 3. The Court certifies that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith.® Dated, this 13" day of July, 2022. warn ea crac

8

28 U.S.C. § 1915

(a)(3).

Reference

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