US ex rel Mayo v. Satan and his Staff

[Randall <rvh40@INSIGHTBB.COM>]

Misc. No.: 5357

UNITED STATES ex rel. Gerald MAYO

v.

SATAN AND HIS STAFF

United States District Court Western District of Pennsylvania

54 F.R.D. 282 December 3, 1971

Gerald Mayo, pro se.

MEMORANDUM ORDER

Weber, District Judge.

Plaintiff, alleging jurisdiction under 18 U.S.C. § 241, 28 U.S.C. § 1343, and
42 U.S.C. § 1983 prays for leave to proceed in forma pauperis. He alleges
that Satan has on numerous occasions caused plaintiff misery and unwarranted
threats, against the will of the plaintiff, that Satan has placed deliberate
obstacles in plaintiff's path and has caused plaintiff's downfall.

Plaintiff alleges that by reason of these acts Satan has deprived him of his
constitutional rights.

We feel that the application to file and proceed in forma pauperis must be
denied. Even if plaintiff's complaint reveals a prima facie recital of the
infringement of the civil rights of a citizen of the United States, the Court
has serious doubts that the complaint reveals a cause of action upon which
relief can be granted by the court. We question whether plaintiff may obtain
personal jurisdiction over the defendant in this judicial district. The
complaint contains no allegation of residence in this district. While the
official records disclose no case where this defendant has appeared as
defendant there is an unofficial account of a trial in New Hampshire where
this defendant filed an action of mortgage foreclosure as plaintiff. The
defendant in that action was represented by the preeminent advocate of that
day, and raised the defense that the plaintiff was a foreign prince with no
standing to sue in an American Court. This defense was overcome by
overwhelming evidence to the contrary. Whether this would raise an estoppel
in the present case we are unable to determine at this time.

If such action were to be allowed we would also face the question of whether
it may be maintained as a class action. It appears to meet the requirements
of Fed.R. of Civ.P. 23 that the class is so numerous that joinder of all
members is impracticable, there are questions of law and fact common to the
class, and the claims of the representative party is typical of the claims of
the class. We cannot now determine if the representative party will fairly
protect the interests of the class.

We note that the plaintiff has failed to include with his complaint the
required form of instructions for the United States Marshal for directions as
to service of process.

For the foregoing reasons we must exercise our discretion to refuse the prayer
of plaintiff to proceed in forma pauperis.

It is ordered that the complaint be given a miscellaneous docket number and
leave to proceed in forma pauperis be denied.


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