Herndon v. Top Secret Information of U.S. Trust Fund
- Charles Breyer
- 3:23-cv-04212
- U.S. District Court · Northern District of California
- 1
In Herndon v. Top Secret Information, Judge Breyer allowed Herndon to proceed without paying fees but dismissed the complaint as frivolous and legally insufficient.
Gerrod L. Herndon, whose complaint was dismissed; his request to proceed without paying the filing fee was granted.
What happened
In Herndon v. Top Secret Information of U.S. Trust Fund, Gerrod L. Herndon, a former state prisoner representing himself, sued under a civil-rights statute. He also asked to proceed without paying the filing fee.
Herndon named “Top Secret Information of U.S. Trust Fund” as the defendant and claimed, in an incomprehensible complaint, that he was entitled to a legal phrase he did not explain and $100 million from a lost lottery ticket.
The court granted permission to proceed without paying the filing fee but dismissed the complaint as frivolous and for failing to state a legally valid claim. Judge Charles R. Breyer directed the clerk to close the case and terminate any pending motion as moot.
The detailed version
- Herndon v. Top Secret Information of U.S. Trust Fund · No. 3:23-cv-04212
- Charles Breyer
- Nov. 3, 2023
Background
Gerrod L. Herndon, a former state prisoner who was living in San Rafael, California, filed a complaint without a lawyer under 42 U.S.C. § 1983. He sued “Top Secret Information of U.S. Trust Fund.” Herndon also requested permission to proceed without paying the filing fee based on financial hardship.
Claims and Screening
Herndon claimed that he was entitled to “pro per index influx ex parte prima facie,” a phrase the court said was unexplained, and to $100,000,000 from a lost lottery ticket. The court described the complaint as unintelligible and largely incomprehensible.
Under 28 U.S.C. § 1915(e)(2), a court must screen a complaint filed by someone allowed to proceed without paying fees and dismiss it if it is frivolous or fails to state a claim for which relief may be granted. The court concluded that Herndon’s complaint had no arguable basis in law and met both grounds for dismissal.
Ruling
The court granted Herndon’s request to proceed without paying the filing fee. It dismissed the complaint as “frivolous” and for failure to state a claim on which relief may be granted. The clerk was instructed to close the file and terminate any pending motion as moot. Judge Charles R. Breyer signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.