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Jones v. Dunigan

United States District Court, D. Massachusetts

June 13, 2017

MATTHEW JONES, Plaintiff,
v.
BETH DUNIGAN, Defendant.

          MEMORANDUM AND ORDER

          F. Dennis Saylor IV F. Dennis Saylor IV Dated June 13, 2017 United States District Judge

         For the reasons set forth below, plaintiff's motion to proceed in forma pauperis will be allowed, but this action will be dismissed pursuant to 28 U.S.C. § 1915(e)(2).

         I.Background

         On May 8, 2017, Matthew Jones, a resident of Greenwood, Delaware, filed a self-prepared complaint seeking $200, 000, 000 from Massachusetts Assistant District Attorney (“ADA”) Beth Dunigan. The complaint appears to arise from plaintiff's arrest and prosecution for felony stalking in Guilford, Connecticut. He states that the alleged incidents began in August through November 2010, continued through his incarceration, and ended with the conclusion of his probation in May 2015. Half of the eleven-page complaint is devoted to lists of various causes of actions, case law, and sections of Title 18 of the United States Code. The somewhat limited number of factual allegations are disbursed among pages 3 through 5 of the complaint.

         As to the defendant ADA, plaintiff alleges that she “examined the Guilford PD Police Report” and “supported [Woman X] fully.” It alleges that the police report “supported that [plaintiff has] Schizophrenia.” “Woman X” [the Court's pseudonym] is described in the complaint as a person who attended the University of Delaware with plaintiff and “without telling [plaintiff] or any of her other sexual partners about her [HIV] disease.” It alleges that ADA Dunigan's actions “enabled [Woman X] and undoubtedly led to continued spread of HIV among Massachusetts men and women.” It further alleges that “Matthew Jones is a sex slave name, operated by the Delawarean government.”

It alleges at the bottom of page 4 of his complaint that:

Matthew Jones is a sex slave name, made illegally by U.S. Criminal Justice authorities. It is obviously fraudulent. The listed birth mother is male. Through investigation acquired by D.A. Dunigan, this could be determined and I could be freed.

See Compl., p. 4 (Claim V: Emancipation Proclamation).

         The complaint asserts both diversity and federal-question jurisdiction and identifies his claims as brought for violation of his constitutional rights as well as for violation of dozens of criminal laws under Title 18 of the United States Code.

         With his complaint, Jones filed a motion for leave to proceed in forma pauperis.

         II. Discussion

         A. Plaintiff's Motion to Proceed In Forma Pauperis

         Plaintiff has shown that he is without sufficient income or assets to pay the $400 filing fee. The motion to proceed in forma pauperis will therefore be granted.

         B. ...


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