Submitted: June 8, 2017
EASON PRIMOS, JUDGE.
consideration of the complaint and motion to proceed in
forma pauperis of Plaintiff Matthew Jones (hereinafter
"Mr. Jones"), the Court finds as follows.
Jones is suing Dover Behavioral Health and Dr. Khaled Mirza
(hereinafter the "Defendants") alleging, inter
alia, that the Defendants kidnapped him, assaulted him,
stole his identity, held him against his will, and attempted
to kill him. Although he is a private citizen, Mr.
Jones's complaint cites and attempts to bring various
state and federal criminal law claims. Mr. Jones claims
"Two Billion United States Dollars" ($2, 000, 000,
000) in money damages.
with his complaint is an application to proceed in forma
pauperis. Mr. Jones submitted an affidavit establishing
to the Court's satisfaction that he is indigent.
Therefore, the Court grants Mr. Jones's application to
proceed in forma pauperis.
before Mr. Jones's case may proceed, the Court must also
review the complaint, and if the complaint is deemed to be
legally frivolous, factually frivolous, or malicious, the
Court must dismiss it. A claim is factually frivolous where the
factual allegations are "baseless, of little or no
weight, value or importance, [or] not worthy of serious
attention or trivial." A claim is legally frivolous
where it is "based on an indisputably merit less legal
theory." A claim is malicious when "designed
to vex, injure or harass, or one which is otherwise abusive
of the judicial process or which realleges pending or
previously litigated claims."
complaint alleges that various parties not named as
defendants, including the "State Police, " the
"Delaware Psychiatric Center, " and the "Judge
and Court Clerk Personnel, " have committed numerous
crimes such as murder and identity theft. Among the
complaint's manifold allegations, those alleged to have
been committed by the Defendants include: holding Mr. Jones
against his will, forcing him into sexual slavery, treating
him with "life threatening amounts" of various
drugs, attacking him because of his ethnicity, diagnosing him
with schizophrenia, and generally committing medical
malpractice. As a result of the above wrongful acts, Mr.
Jones claims he has contracted "several STDs" and
suffers from brain damage, various internal injuries, and
other wounds "that require surgery and immediate medical
Court takes judicial notice that the Dover Behavioral Health
System is a private psychiatric facility, and that Dr. Mirza
is one of its staff psychiatrists. The Court also notes that
Mr. Jones has filed numerous claims relating to his mental
health treatment, including previous claims against the
Defendants.  Upon the Court's review, each prior
claim Mr. Jones has filed in relation to his mental health
treatment has been dismissed for being frivolous or otherwise
failing to state claims upon which relief could be granted.
Jones has previously sued the Defendants twice in the United
States District Court for the District of Delaware, in both
suits alleging that the Defendants held him against his will
and injected him with lethal quantities of
medication. The District Court has dismissed Mr.
Jones's complaints. The claims Mr. Jones alleges here are
virtually the same as certain claims he alleged in the United
States District Court.
appears to the Court that Mr. Jones intends to use the legal
system to lash out against and harass the Defendants,
regardless of his claims' lack of legal merit. Mr. Jones
has wasted this Court's and the State's resources by
filing here claims previously received and dismissed as
frivolous by various United States District
Courts. Appeals from two of these decisions were
also dismissed by the Third Circuit Court of
Delaware Court of Chancery decided a similar case in
Tillmon v. Snyder. There, a plaintiffs complaint
alleged that the defendants "fail[ed] to provide
adequate medical care, and violat[ed] federal constitutional
and statutory rights, " claims that plaintiff had
already brought before a federal district
court. The Court of Chancery dismissed the
claims pursuant to 19 Del. C. 8801(7), holding that
"[p]laintiff wasted this court's and the State's
resources by filing here claims already on file in the United
States District Court (and now the Court of Appeals)
alleging the same claims."
this Court's review of Mr. Jones's previously
dismissed claims against the Defendants in federal court and
his claims here, the Court finds that the claims here are
virtually the same as claims previously brought against the
same parties, and allege causes of action arising from the
same set of facts. The Court finds that Mr. Jones's
complaint abuses the judicial process and is found to be
Mr. Jones's complaint is DISMISSED with prejudice.
Consequently, service of process shall not issue. To protect
judicial resources, this Court enjoins Mr. Jones from filing
future claims without leave of court. Pursuant to 10 Del.
C. § 8803(e), ...