Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Case No.: 26-cv-03697-DMS-MSB GENOVEVA SAINZ, 12 Plaintiff, ORDER DISMISSING COMPLAINT 13 SUA SPONTE WITHOUT LEAVE v. TO AMEND; DENYING 14 DONALD TRUMP, et al., APPLICATION TO PROCEED IN 15 FORMA PAUPERIS AS MOOT; and Defendant. DENYING REQUEST FOR WAIVER 16 OF PACER FEES AS MOOT 17 [ECF Nos. 1–3] 18 19 20 Plaintiff Genoveva Sainz, proceeding pro se, filed a Complaint against various 21 federal government individuals and agencies including Defendants President Donald 22 Trump, Kash Patel, the Federal Bureau of Investigation, and the Department of Homeland 23 Security. (Compl., ECF No 1.) Plaintiff also applied to proceed in forma pauperis (“IFP”), 24 (ECF No. 2), and requested a waiver from Public Access to Court Electronic Records 25 (“PACER”) fees, (ECF No. 3). 26 Because Plaintiff seeks to proceed IFP, her Complaint is subject to screening by the 27 Court. Emrit v. Dogg, No. 26-CV-00007, 2026 WL 67186, at *1 (E.D. Wash. Jan. 8, 2026). 28 The Court must sua sponte dismiss an IFP complaint that is frivolous or malicious, fails to 1 state a claim, or seeks monetary relief against a defendant who is immune from such relief. 2 28 U.S.C. § 1915(e)(2); see also Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) (per 3 curiam) (“[T]he provisions of 28 U.S.C. § 1915(e)(2)(B) are not limited to prisoners.”). 4 An IFP complaint is frivolous if it contains “no arguable substance in law or fact.” 5 Tripati v. First Nat’l Bank & Tr., 821 F.2d 1368, 1370 (9th Cir. 1987) (citations omitted). 6 “[A] court may dismiss a claim as factually frivolous only if the facts alleged are ‘clearly 7 baseless,’ a category encompassing allegations that are ‘fanciful,’ ‘fantastic,’ and 8 ‘delusional.’” Denton v. Hernandez, 504 U.S. 25, 32–33 (1992). “As those words suggest, 9 a finding of factual frivolousness is appropriate when the facts alleged rise to the level of 10 the irrational or the wholly incredible, whether or not there are judicially noticeable facts 11 available to contradict them.” Id. at 33. In such an instance, the Court may “pierce the veil 12 of the complaint’s factual allegations,” meaning it “is not bound, as it usually is when 13 making a determination based solely on the pleadings, to accept without question the truth 14 of the plaintiff’s allegations.” Beast v. Carpenter, No. 26-CV-04546, 2026 WL 1647411, 15 at *2 (C.D. Cal. May 8, 2026) (quoting Denton, 504 U.S. at 32). “Moreover, when a district 16 court concludes an in forma pauperis action is frivolous, the court may dismiss the litigant’s 17 complaint without an opportunity to amend.” Brimm v. Genao-Gomez, No. CV 14-197, 18 2014 WL 5471969, at *4 (D. Mont. Oct. 28, 2014) (citing Franklin v. Murphy, 745 F.2d 19 1221, 1226–1227 (9th Cir. 1984)); see also Beast, 2026 WL 1647411, at *2. 20 Here, Plaintiff’s Complaint consists of 18 pages of single-spaced allegations against 21 a number of federal government individuals and agencies, covering a wide range of topics, 22 including purported spying and torture, human sex trafficking of children, cyber-attacks, 23 and “Lazers and Sound Weapons” that cause “severe head and brain trauma and death.” 24 (Compl. 3, 4, 8–11.) Plaintiff also alleges instances of money laundering, drug and firearm 25 sales, and various other misconduct at and against All-Season RV Park, although it is not 26 listed as a defendant. (Id. at 11–12.) The Court fails to see these allegations as realistic or 27 factual. Having reviewed Plaintiff’s pleading liberally, the Court finds the allegations to 28 1 || be fanciful and wholly incredible and, thus, the Complaint 1s frivolous. Emrit, 2026 WL 2 67186, at *1 (citations omitted). 3 Because the Complaint is frivolous, the Court DISMISSES Plaintiff's Complaint 4 || without leave to amend. Further, Plaintiff's IFP application and request to waive PACER 5 are DENIED as moot. Trujillo v. Kiefer, No. 19-CV-02440, 2020 WL 4596764, at 6 || *3 (S.D. Cal. Aug. 11, 2020). The Clerk of the Court is DIRECTED to close the case. 7 IT IS SO ORDERED. 8 || Dated: July 27, 2026 2» 9 Jn Yn. L4\ Hon. Dana M. Sabraw 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28