Peterson and Family v. U.S. Department of Defense

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Denise Peterson
v. 	Case No. 22-cv-329-SE
Department of Defense
REPORT AND RECOMMENDATION
Denise Peterson, proceeding pro se and in forma pauperis,
has sued the United States Department of Defense (“DOD”). 	Ms.
Peterson’s complaint (Doc. No. 1) is before the court for
preliminary review. 	See 28 U.S.C. § 1915(e); LR 4.3(d)(2).
Preliminary Review Standard
This court subjects complaints filed in forma pauperis to
preliminary review under LR 4.3(d)(2) and may dismiss complaints
that are frivolous or malicious, fail to state a claim upon
which relief can be granted, or seek damages from defendants who
are immune from such relief. 	See id.; see also 28 U.S.C.
§ 1915(e)(2). 	The court construes pro se complaints liberally
in conducting preliminary review. 	See Erickson v. Pardus, 551
U.S. 89, 94 (2007). 	Disregarding any legal conclusions, the
court considers whether the factual content in the complaint and
inferences reasonably drawn therefrom, taken as true, state a
facially plausible claim to relief. 	Hernandez-Cuevas v. Taylor,
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723 F.3d 91, 102-03 (1st Cir. 2013) (citing Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009)).
Factual Allegations
Although her complaint is often difficult to follow, Ms.
Peterson generally alleges that she and her son have been
“tortured ... with microchips” both at home and while visiting
family. 	She further asserts that an individual from
Massachusetts has involved her in human trafficking by using
microchips and by having motorcyclists follow her. 	She alleges
that these individuals are involved with the United States
Department of Defense and are acting in response to her child’s
disability-related school placement. 	In addition, Ms. Peterson
claims that motorcyclists have been tailing her car and have
been interfering with her car ignition, phone and home wireless
network. 	Finally, Ms. Peterson asserts that the same
individuals affiliated with the Department of Defense have been
flying a plane over her home and trying to injure her with
ultrasonic vibrations.
Discussion
One standard for dismissing claims upon preliminary review
is set forth in Denton v. Hernandez, 504 U.S. 25, 32-33 (1992)
(citing Neitzke v. Williams, 490 U.S. 319, 325, 327-28 (1989)).
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The assertions in the complaint in this case satisfy that
standard, as the complaint lacks “an arguable basis in law or
fact.” 	Neitzke, 490 U.S. at 325. 	While this court has no
reason to question the intensity and sincerity of plaintiff's
concern for her and her family’s safety and security,
plaintiff’s claims of harassment, electronic targeting,
stalking, and trafficking do not give rise to any nonfrivolous
claim upon which relief can be granted.1 	Accordingly, the
complaint (Doc. No. 1) should be dismissed.
Conclusion
For the foregoing reasons, the district judge should
dismiss the complaint (Doc. No. 1).
Any objections to this Report and Recommendation must be
filed within fourteen days of receipt of this notice. See Fed.
R. Civ. P. 72(b)(2). 	The fourteen-day period may be extended
upon motion. 	Only those issues raised in the objection(s) to
this Report and Recommendation are subject to review in the
district court. 	See Sch. Union No. 37 v. United Nat'l Ins. Co.,
617 F.3d 554, 564 (1st Cir. 2010). 	Any issues not preserved by
such objection(s) are precluded on appeal. 	See id. Failure to
1This court notes that the State of New Hampshire provides
the following link to several community resources in New
Hampshire: 	https://www.servicelink.nh.gov/.
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file any objections within the specified time waives the right
to appeal the district court's Order. 	See Santos-Santos v.
Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016).
__________________________
Andrea K. Johnstone
United States Magistrate Judge
October 26, 2022
cc: 	Denise Peterson, pro se
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