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PHILLIPS BERRY v. KENNER POLICE DEPARTMENT AT PCS (2019)

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United States Court of Appeals, Fifth Circuit.

Shanta G. PHILLIPS-BERRY, Plaintiff-Appellant v. KENNER POLICE DEPARTMENT; AT&T Corporation; Apple; Verizon Communications, Incorporated; T-Mobile Corporation; Sprint Corporation; Metro PCS Communication Incorporated; Cox Cable, also known as Cox Cable Communications, Incorporated, Defendants-Appellees

No. 18-31067

Decided: January 22, 2019

Before DAVIS, HAYNES, and GRAVES, Circuit Judges. Shanta G. Phillips-Berry, Pro Se

Prior to service of summons on the defendants in this case, the district court issued a show cause order noting that Plaintiff Shanta Phillips-Berry had filed a series of “incomprehensible” complaints against a wide variety of people and entities, of which this case was one. The order required Phillips-Berry to show cause as to why the court should not restrict her ability to file. In response, she indicated that the defendants have implanted a device in her body to inflict pain. The district court found the basis for her claims to be “incoherent,” prohibited her from further similar filings, and dismissed the case pursuant to 28 U.S.C. § 1915 (e)(2)(B)(i). Phillips-Berry timely appealed to this court.

Although we do not doubt the sincerity of Phillips-Berry in explaining her concerns, we conclude that the district court's order should be affirmed for substantially the same reasons set forth in its September 18, 2018 order.

AFFIRMED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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