Bastien v. The People et al
| New York Eastern District Court | |
| Judge: | Rachel P Kovner |
| Referred: | Lois Bloom |
| Case #: | 1:24-cv-07642 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Oct 29, 2024 |
| Terminated: | Nov 04, 2024 |
| Last checked: Saturday Nov 02, 2024 1:08 AM EDT |
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Defendant
Elon Musk
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Defendant
The People
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Plaintiff
Jahkim Bastien
2050 Nameoke Avenue
Far Rockaway, NY 11671 |
| Docket last updated: 2 hours ago |
| Monday, November 04, 2024 | ||
| 4 | 4
order
Judgment - Clerk
Mon 11/04 4:49 PM
CLERK'S JUDGMENT: that plaintiff's complaint is dismissed as frivolous; that pursuant to 28 U.S.C. § 1915(a)(3), any appeal of this Order would not be taken in good faith; and that in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 11/4/2024. (copy of appeals packet and judgment mailed to pro se). (JP) |
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order
Order on Motion for Leave to Proceed In Forma Pauperis Order Dismissing Case as Frivolous
Mon 11/04 12:30 PM
ORDER DISMISSING CASE: The2 motion to proceed in forma pauperis is granted. However, plaintiff's1 complaint is dismissed as frivolous. Plaintiff has repeatedly filed frivolous cases in this Court suing various defendants including the United States, the State of New York, "neurotechnology companies," and high-profile rappers like Nicki Minaj and Lil Wayne alleging, inter alia , that defendants "impersonate" plaintiff and his music by way of "Brain Hacking," "neurohacking," "Brain data theft," and "Electronic brain assaults" and that defendants have "been manipulating and assaulting [plaintiff's] brain by using [a] direct wave weapon." Compl. at 5, Bastien v. United States , No. 24-cv-6944 (Dkt. #1); Compl. at 5, 9, Bastien v. Evoke Neuroscience , No. 24-cv-6477 (Dkt. #1), Compl. at 4-6, Bastien v. State of New York , No. 24-cv-1808 (Dkt. #1). In the present case, plaintiff has sued Elon Musk and "the people," alleging, among other things, "brain data theft," "spying," "cybercrime," "sexual jealousy," and "inner voice envy."1 Compl. 6-7. He seeks $1.99 billion in damages. Ibid. When a litigant files a lawsuit in forma pauperis , the district court must dismiss the case if it determines that the complaint "is frivolous." 28 U.S.C. § 1915(e)(2)(B). "An action is frivolous when either: (1) the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy; or (2) the claim is based on an indisputably meritless legal theory." Livingston v. Adirondack Beverage Co. , 141 F.3d 434, 437 (2d Cir. 1998) (citation and quotation marks omitted). Even under a liberal reading, plaintiff's allegations are frivolous. The complaint includes no facts to suggest that plaintiff's allegations are anything but "the product of delusion or fantasy." Livingston , 141 F.3d at 437; see Gallop v. Cheney , 642 F.3d 364, 368 (2d Cir. 2011). Accordingly, plaintiff's 1 complaint is dismissed as frivolous. Leave to amend is denied as futile, as nothing in the complaint "suggests that the plaintiff has a claim that [he] has inadequately or inartfully pleaded and that [he] should therefore be given a chance to reframe." Cuoco v. Moritsugu , 222 F.3d 99, 112 (2d Cir. 2000); see also Salahuddin v. Cuomo , 861 F.2d 40, 42 (2d Cir. 1988) (noting that dismissal of pro se complaint without leave to amend may be appropriate "where the substance of the claim pleaded is frivolous on its face"). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to enter judgment and close this case. The Clerk of Court is also respectfully directed to mail a copy of this order to plaintiff and file proof of mailing on the docket. Ordered by Judge Rachel P. Kovner on 11/4/2024. (AC) |
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| Friday, November 01, 2024 | ||
| 3 | 3
misc
Clerks Notice of Rule 73
Fri 11/01 11:10 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (KD) |
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| Tuesday, October 29, 2024 | ||
| 2 | 2
motion
Proceed In Forma Pauperis
Fri 11/01 11:10 AM
MOTION for Leave to Proceed in forma pauperis by Jahkim Bastien. (KD) |
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| 1 | 1
cmp
Complaint
Fri 11/01 11:08 AM
COMPLAINT against Elon Musk, The People, filed by Jahkim Bastien. (KD) |
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Att: 1
Civil Cover Sheet
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