Case: 10-50232 Document: 00511117239 Page: 1 Date Filed: 05/20/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 20, 2010
No. 10-50232 Lyle W. Cayce
Summary Calendar Clerk
ERIC FLORES
Plaintiff-Appellant
v.
UNITED STATES ATTORNEY GENERAL
Defendant-Appellee
Appeal from the United States District Court
for the Western District of Texas
3:10-CV-59
Before DAVIS, SMITH and DENNIS, Circuit Judges.
PER CURIAM:*
Appellant challenges the dismissal of his pro se petition which the district
court dismissed as frivolous. Flores alleged that:
Persons residing outside the United States are directing political
candidates known to be executive employees of the federal
government or unregistered lobbyists to unlawfully conduct a
scientific domestic study by using advanced technology with a direct
signal to the satelite [sic] in outer space to calculate a genetic code
or procedure to cause me or my immediate relatives severe pain
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 10-50232 Document: 00511117239 Page: 2 Date Filed: 05/20/2010
No. 10-50232
equivalent in intensity to the pain accompanieing [sic] serious
physical injury such as organ failure, impairment of bodily functions
or even death.
*****
The unnecessary and wanton infliction of pain constitutes cruel and
unussual [sic] punishment in violation of the Eighth Amendment.
The district court dismissed the complaint as frivolous because it was
“fanciful, fantastic, delusional and therefore baseless.” Flores repeats these
fanciful statements in his brief to the court.
We agree completely with the district court’s characterizations of this case
as frivolous and affirm its dismissal.
AFFIRMED.
2