1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 GERROD L. HERNDON, Case No. 23-cv-04212-CRB (PR) 7 Plaintiff, g v. ORDER OF DISMISSAL 9 TOP SECRET INFORMATION OF USS. (ECF No. 6) 10 TRUST FUND, Defendant(s). 1] 12 Plaintiff, a former state prisoner currently living in San Rafael, California and a frequent 13 || litigant in this court, has filed a pro se complaint under

against “Top Secret 14 || Information of U.S. Trust Fund.” ECF No. 1 (Compl.) at 1. Besides naming a dubious defendant, 2 15 || plaintiff claims without any basis in fact or law that he is entitled to “pro per index influx ex parte a 16 prima facie,” whatever that is, and to “$100,000,000” from a lost “Lotto ticket.”

. Plaintiff i 17 || also seeks leave to proceed in forma pauperis (IFP) under

. Z 18 Based solely on his affidavit of poverty, plaintiff's request to procced IFP (ECF No. 9) is 19 || GRANTED. But pursuant to

(e)(2), the IFP complaint is DISMISSED as 20 || “frivolous” and for “fail[ure] to state a claim on which relief may be granted.” An unintelligible 21 and largely incomprehensible complaint such as plaintiffs complaint here simply has no arguable 22 || basis in law. See Jackson v. Arizona,

(9th Cir. 1989) (incomprehensible claim 23 || may be dismissed as frivolous as it is without arguable basis in law). 24 The clerk is instructed to close the file and terminate any pending motion as moot. 25 IT IS SO ORDERED. 26 Dated: November 3, 2023 27 a —_——_— 28 CHARLES R. BREYER United States District Judge