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Demos v. Cia

United States District Court, D. Maryland

June 17, 2015

JOHN R. DEMOS, #287-455
v.
The CIA, et al.,

MEMORANDUM

CATHERINE C. BLAKE, District Judge.

On June 1, 2015, John R. Demos, an inmate incarcerated at the Washington State Penitentiary in Walla Walla, Washington, filed the instant case naming "The C.I.A., The F.B.I., and The President of the U.S.A." as defendants. ECF 1, p. 1. Demos alleges that the CIA was complicit in the murder of Dr. Martin Luther King, Malcolm X and Medgar Evers. ECF 1, p. 1. Demos further alleges he is a former CIA operative whose duties were to destroy documents that were requested by Congress or the FBI. Id., p. 3. He states that "The C.I.A. would kidnap a person, then go to a funeral home and get a dead corpse, perform cosmetic facial surgery on the corpse, and pass the corpse off as the body of the kidnapped person." Id. The self - styled "criminal complaint" does not specify what relief he seeks. ECF 1. Demos has neither paid the civil filing fee nor filed a filed a motion for leave to proceed in forma pauperis. ECF 2. Given his incarceration and previous filings, he appears to be impoverished.

A prisoner is not allowed to bring a civil action under the provisions of 28 U.S.C. § 1915 if he "has, on 3 or more occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." 28 U.S.C. § 1915(g). The undersigned, who is familiar with Demos's previous civil filings, notes that since 1997, Demos has had numerous cases dismissed as frivolous and at least two which were previously dismissed under 28 U.S.C. § 1915(g).[1] In the instant case, Demos does not allege nor in any way indicate that he "is under imminent danger of serious physical injury." In light of the foregoing, the court concludes the case shall be dismissed without prejudice.[2]

A separate Order follows.


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