Murray v. United States

475 F. App'x 311

• Court: Court of Appeals for the Tenth Circuit
• Decided: August 23, 2012
• Docket: 12-6147
• Status: Unpublished

Opinion

ORDER AND JUDGMENT **

PAUL KELLY, JR., Circuit Judge.

Timothy Ray Murray, proceeding pro se, appeals the district court’s order dismissing his complaint as frivolous. He filed this action seeking damages and in-junctive relief against the United States, several members of the U.S. House and Senate, and the Governor of Oklahoma. He alleges various conspiracies by the government against himself. This court his jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Mr. Murray alleges various government conspiracies, including the use of satellites to damage his reproductive system, the broadcast of his life on radio and television, and an alleged cover-up about the assassination of John F. Kennedy. He alleges violations of his rights “under the First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Fourteenth Amendments;” the district court reviewed his complaint based on 28 U.S.C. §§ 1915(a), 1915(e)(2)(B) and dismissed it as frivolous. See Murray v. United States, No. CIV-12-542-R, ECF No. 14 (W.D. Okla. June 6, 2012).

We review a district court’s dismissal of a complaint for frivolousness for an abuse of discretion. See Milligan v. Archuleta, 659 F.3d 1294, 1296 (10th Cir.2011). After reviewing Mr. Murray’s claims, we agree with the district court that they seem to fall in the delusional category or involve claims that would be barred by sovereign immunity or the Eleventh Amendment. See Neitzke v. Williams, 490 U.S. 319, 325, 328, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).

AFFIRMED. The motion to proceed in forma pauperis is DENIED.

** This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R.App. P. 32.1 and 10th Cir. R. 32.1.