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588 F.2d 650

Docket No. 78-1815.

White v. United States

Eighth Circuit Court of Appeals

Submitted Dec. 13, 1978.

Decided Dec. 18, 1978.

Eighth Circuit Court of Appeals · decided 1978-12-18

1 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1978-12-18

How this case has been cited

Cited by 4 later decisions — most recently August 1991

3 federal appellate ·

20197819801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Robert D. Kingsland, U. S. Atty., and Bruce D. White, Asst. U. S. Atty., St. Louis, Mo., for appellee.

¶2Before HEANEY, ROSS and HENLEY, Circuit Judges.

¶3PER CURIAM.

¶4After an unsuccessful attempt to bring suit in the United States Supreme Court, *651plaintiff filed a virtually incomprehensible complaint in the United States District Court for the Eastern District of Missouri. The complaint began, “No cooperative, COMPLAINT I give the nation, Ideas for economy come now Plaintiff, Percy White, and for his cause of action, States to the court: — A: criminal Act.” [sic] and wrongdoing.” At plaintiffs request counsel was appointed on June 6,1978, by United States District Judge James Meredith, but on July 18, 1978, Judge Meredith entered an order relieving appointed counsel.1

¶5Additional documents, as incomprehensible as the original complaint, were filed by plaintiff and on October 23, 1978, the United States Attorney filed a motion to dismiss. United States District Judge H. Kenneth Wangelin issued an order October 31, 1978, granting the motion to dismiss pursuant to Rules 8(a) and 12(b)(6) of the Federal Rules of Civil Procedure. In an accompanying memorandum Judge Wangelin wrote:

Plaintiff’s complaint(s) is a wholly incomprehensible compilation of unrelated phrases, diatribes and ramblings. …
Nowhere in the documents is there anything even roughly approximating a short and plain statement of the claim, nor does it appear, even under the most liberal of standards, that the documents state a claim for which relief can be granted.

¶6Plaintiff filed a motion of appeal in this court and was granted leave by Judge Wangelin to proceed in forma pauperis. Both plaintiff’s motion of appeal and subsequent documents delivered by him to this court are further evidence of his inability to intelligibly present his claims.

¶7Pursuant to our Rule 9(a) we find this appeal to be frivolous and entirely without merit. The judgment of the trial court is affirmed for the reasons given by Judge Wangelin as set forth above.

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