Tutankhaman v. Harvey

3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA KING MICHAEL TUTANKHAMAN, Case No. 2:22-cv-01454-RFB-NJK 7 Plaintiff, ORDER v. [Docket No. 1] MARCUS HARVEY, 10 Defendant.

11 Plaintiff has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis, Docket No. 1, and has submitted a complaint, Docket No. 1-1.

13 I. Application to Proceed In Forma Pauperis 14 Plaintiff filed an application to proceed in forma pauperis. Docket No. 1. The application has sufficiently shown an inability to prepay fees and costs or give security for them. Accordingly, the application to proceed in forma pauperis will be granted pursuant to § 1915. The Court will now review Plaintiff’s complaint.

18 II. Screening the Complaint 19 When a party seeks permission to pursue a civil case in forma pauperis, courts will screen the complaint. See 28 U.S.C. § 1915(e). Here the entirety of the complaint consists of a blank AO91 Criminal Complaint form and letter reciting various federal criminal statutes to be charged.

22 Docket No. 1-1. No other information is provided. “[A] private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.” Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973). Although the Court liberally construes the filings of litigants proceeding without an attorney, Erickson v. Pardus, 551 U.S. 89, 94 (2007), Plaintiff’s complaint lacks any indication of proper causes of action or supporting facts.

27 III. Conclusion 28 Accordingly, the Court hereby ORDERS as follows: 1 1. Plaintiff's request to proceed in forma pauperis is GRANTED. At this time, Plaintiff 2 shall not be required to pre-pay the filing fee.

3 2. Plaintiff is permitted to maintain this action to conclusion without the necessity of 4 prepayment of any additional fees or costs or the giving of a security therefor. The 5 Order granting leave to proceed in forma pauperis shall not extend to the issuance of 6 subpoenas at government expense.

7 3. The complaint is DISMISSED with leave to amend. Plaintiff will have until October 8 10, 2022, to file an Amended Complaint, if Plaintiff believes the noted deficiencies can 9 be corrected.

10 4. Plaintiff is CAUTIONED that any subsequent pleadings must comply with all 11 applicable rules and case law. Plaintiff recently had another case in this Court 12 dismissed as frivolous, King Michael Tutankhaman v. Markus Harvey, No. 2:22-cv- 13 01219-RFB-EJY, Docket No. 48 (D. Nev. Sep. 2, 2022), and filed another case 14 contemporaneously with this one, King Michael Tutankhaman v. Donald John Trump, 15 No. 2:22-cv-01455-MMD-VCF. Failure to comply with applicable rules and 16 procedures may result in various sanctions including Plaintiff's complaint being 17 dismissed and Plaintiff being declared a vexatious litigant.

18 IT IS SO ORDERED.

19 Dated: September 8, 2022.

20 Jo fe y — Nancy J. Koppe 21 United States Magistrate Judge