From Friday's decision by Magistrate Judge Virginia DeMarchi in Nguyen v. U.S. (N.D. Cal.):
Ms. Nguyen alleges that after hearing about the Hamas attacks on Israeli civilians on October 7, 2023, she did "some research" on the internet and "learned that Israel is an apartheid government" and that "the U.S. government … has been supporting this apartheid government of Israel by sending them at least $3 billions [sic] of military aid each year." She claims that U.S. aid to Israel violates the "Preamble of the Declaration of Independence," the Civil Rights Act of 1964, the Comprehensive Anti-Apartheid Act of 1986, and the First Amendment to the U.S. Constitution. Ms. Nguyen requests "$5 trillion[ ] if a WWIII erupts; however since America is in debt of $31 trillion[ ], I'll take a letter of apology [and end of U.S. aid to Israel] or $25,000 for turning in this lawsuit….
A court may authorize the commencement of a civil action in forma pauperis if it is satisfied that the applicant cannot pay the requisite filing fees. In evaluating such an application, the court should grant or deny IFP status based on the applicant's financial resources alone and then independently determine whether the complaint withstands review under § 1915(e)(2)(B).
A court must dismiss a case filed without the payment of the filing fee whenever it determines that the action "(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." A complaint must include facts that are "more than labels and conclusions, and formulaic recitation of the elements of a cause of action will not do." "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." A complaint is frivolous if "it ha[s] no arguable substance in law or fact." …
