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In re Alvarado

United States District Court, District of Hawaii

November 7, 2014

IN RE ANGEL L. ALVARADO, N.Y. I.D. #93A8360, Plaintiff/Petitioner,

DISMISSAL ORDER PURSUANT TO 28 U.S.C. §§ 1915(e)(2), 1915(A)(b)(1)

SUSAN OKI MOLLWAY CHIEF UNITED STATES DISTRICT JUDGE

Before the court is pro se Plaintiff Angel L. Alvarado’s second amended pleading. Doc. No. 9. Plaintiff is a New York state prisoner incarcerated at the Green Haven Correctional Facility, located in Stormville, New York.[1] This action is DISMISSED with prejudice as frivolous and for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915(A)(b)(1).

I. BACKGROUND

Plaintiff commenced this action on September 3, 2014, by submitting a nearly incomprehensible pleading that was liberally construed as a prisoner civil rights complaint. See Doc. No. 1. On September 29, 2014, the court screened and dismissed Plaintiff’s Complaint for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915(A)(b)(1), with leave to amend. Doc. No. 5. The court explained the deficiencies in the Complaint and sent Plaintiff a blank prisoner civil rights complaint form, blank petition for writ of habeas corpus form, and an in forma pauperis application to enable him to amend his pleading.

On October 10, 2014, Plaintiff submitted a barely coherent pleading that the court construed as his first amended Complaint. See Doc. No. 6. Plaintiff also submitted an in forma pauperis application. Id. Neither was on a District of Hawaii form. Plaintiff’s in forma pauperis application was denied as incomplete. See Doc. No. 8 at PageID #32. Plaintiff’s first amended Complaint was dismissed for failure to state a claim on October 16, 2014, with leave to amend by October 31, 2014. Id. The Clerk of Court again sent Plaintiff blank forms.

On October 31, 2014, Plaintiff submitted a second amended Complaint. Doc. No. 9. Plaintiff appears to be trying to address the court’s two earlier deficiency orders, but this pleading is no more comprehensible than the first two. In its entirety, it states:

Civil 14-00394 - Som-Rlp Deficiencies, Orders and applications
Dear: Chief, U.S. District Judge,
Susan Mollway,
Subject: Equal authority in granting procedural vesting applications and orders to promote constitutional equal protections of the law across state(s)
Constitutional grounds on proceedings
(1) That an entreaty on Legislative Authorities Committee(s)vested be procedurally accepted and ordered under a deficiency order,
(2) So that a legitimate interest is that in keeping a fire-arm under a vested equal authority wherein a file#2014-PL-6469 is for wherein He/She maybe prosecuted in a Court of the United States for permitting and/or licensing - while in a commission across State(s) that the records - being archived for academic discipline, retrieval(s) and the defense of the country are constitutional grounds on proceedings for keeping an arm in the state of Hawaii,
(3) That as a Public member herein an advocacy strategy to - promote a systemic improvement is being practiced for a - right of the people to keep and bear arms under equal - ...

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