Strege v. Commissioner, SSA

Summary

The Tenth Circuit affirmed the district court's dismissal of a pro se complaint as frivolous, where the plaintiff's unintelligible allegations regarding Social Security benefits and various government actions included "fantastic or delusional scenarios" (e.g., baby swapping and hearts in reactors). The district court properly applied the standards from *Neitzke* and *Denton*, finding no arguable legal theory and that any discernible § 1983 claim was barred by Colorado's two-year statute of limitations. The Tenth Circuit also dismissed the appeal as frivolous because the appellant presented only conclusory and fantastical assertions without explaining the basis of his claims.

Holdings

1. The district court did not abuse its discretion in dismissing the complaint as frivolous because the complaint described fantastic or delusional scenarios and lacked coherent factual allegations or claims, and any § 1983 claim would be time-barred.
2. The appeal is frivolous because the appellant's brief contains conclusory and fantastical assertions without explaining the basis of the underlying claims, and the result is obvious.

Questions Presented

1. Whether the district court abused its discretion in dismissing the complaint as frivolous for lacking coherent factual allegations or claims.
2. Whether the district court correctly determined that any § 1983 claim would be barred by the two-year statute of limitations.
3. Whether the appeal itself is frivolous.

Disposition

dismissed