IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

REGINA TUBBS, § § Plaintiff, § § V. § No. 3:24-cv-2025-S-BN § GEMINI LIFE CYCLES, § § Defendant. §

FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Without paying the statutory filing fee, Plaintiff Regina Tubbs submitted a filing pro se that has been construed as a civil complaint. See Dkt. No. 3. The presiding United States district judge referred Tubbs’s construed complaint to the undersigned United States magistrate judge for pretrial management under

(b) and a standing order of reference. A district court is required to screen a civil complaint filed in forma pauperis (that is, without payment of the filing fee) and may summarily dismiss that complaint (or any portion of it) if the complaint fails to state a claim on which relief may be granted. See

(e)(2)(B)(ii). “The language of § 1915(e)(2)(B)(ii) tracks the language of Federal Rule of Civil Procedure 12(b)(6).” Black v. Warren,

(5th Cir. 1998) (per curiam). And “[i]t is well-established that a district court may dismiss a complaint on its own motion under [Rule] 12(b)(6) for failure to state a claim upon which relief may granted.” Starrett v. U.S. Dep’t of Defense, No. 3:18-cv-2851-M-BH,

, at *1 (N.D. Tex. Oct. 30, 2018) (citing Carroll v. Fort James Corp.,

(5th Cir. 2006)), rec. accepted,

(N.D. Tex. Nov. 20, 2018), aff’d,

(5th Cir.) (per curiam), cert. denied,

(2019).

A district court may exercise its “inherent authority ... to dismiss a complaint on its own motion ... ‘as long as the procedure employed is fair.’” Gaffney v. State Farm Fire & Cas. Co.,

(5th Cir. 2008) (per curiam) (quoting Carroll,

; citation omitted). “[F]airness in this context requires both notice of the court’s intention to dismiss sua sponte and an opportunity to respond.”

(cleaned up; quoting Lozano v. Ocwen Fed. Bank, FSB,

(5th Cir. 2007)). These findings, conclusions, and recommendations provides notice, and the

period for filing objections to them affords an opportunity to respond. See, e.g., Starrett,

, at *2 (citations omitted)). A district court’s authority to dismiss an action that “fails to ‘state a claim for relief that is plausible on its face’” extends to dismissal of “claims that are ‘clearly baseless,’ including ‘claims describing fantastic or delusional scenarios.’” Starrett, 763 F. App’x at 383-84 (quoting Twombly, 550 U.S. at 570, then Neitzke v. Williams,

(1989); citing Denton v. Hernandez,

(1992) (concluding that dismissal “is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible, whether or not there are judicially noticeable facts available to contradict them”)). A review of Tubbs’s filing reflects that it presents allegations that qualify as clearly baseless, irrational, or wholly incredible, requiring dismissal of the construed complaint with prejudice. Recommendation The Court should dismiss the construed complaint with prejudice. A copy of these findings, conclusions, and recommendation shall be served on all parties in the manner provided by law. Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within 14 days after being served with a copy. See

(b)(1); FED. R. □□□□ P. 72(b). In order to be specific, an objection must identify the specific finding or recommendation to which objection is made, state the basis for the objection, and specify the place in the magistrate judge’s findings, conclusions, and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific. Failure to file specific written objections will bar the aggrieved party from appealing the factual findings and legal conclusions of the magistrate judge that are accepted or adopted by the district court, except upon grounds of plain error. See Douglass v. United Servs. Auto. Assn,

(5th Cir. 1996). DATED: August 27, 2024 Lee UNITED STATES MAGISTRATE JUDGE

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