923 F. 2d 862 - Morris v. Federal Bureau of Investigations

MEMORANDUM**

James William Morris appeals pro se and in forma pauperis the district court's order dismissing his 42 U.S.C. Sec. 1983 action as frivolous pursuant to 28 U.S.C. Sec. 1915(d). We review de novo, Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989), and affirm.

Frivolous in forma pauperis complaints may be dismissed sua sponte under 28 U.S.C. Sec. 1915(d). Nietzke v. Williams, 109 S.Ct. 1827, 1831 (1989). A complaint is frivolous "where it lacks an arguable basis in law or in fact." Id. In civil rights cases where the plaintiff appears pro se, we liberally construe pleadings and afford the plaintiff the benefit of any doubt. Karim-Panahi v. Los Angeles Police Dept., 839 F.2d 621, 623 (9th Cir.1988).

In his complaint, Morris contends that his civil rights have been violated by the government. Morris states he has been the target of a government experiment or project involving the use of various harmful gasses on him for several years. He believes that the Federal Bureau of Investigations is principally involved. Morris claims that the "[g]asing [sic] occurs every day, 24 hours a day," even in his sleep. Appellant's Opening Brief at 1. He claims that gas has been dispensed into his apartment, into his truck, on buses, supermarkets, malls, beaches, etc. Morris further states that the use of these gasses are part of a collective effort to make it appear that he has homosexual desires or impulses. We find that Morris's claim lacks an arguable basis in law and fact. See Nietzke, 109 S.Ct. at 1831. Accordingly, the district court did not err in dismissing his claim. Id.

AFFIRMED.