Summary
The United States District Court for the District of Columbia grants the plaintiff’s application to proceed in forma pauperis and dismisses the complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). The court concludes that the allegations of a broad criminal conspiracy involving the Chief Justice and others are irrational, wholly incredible, and insufficient to support subject-matter jurisdiction.
Holdings
- The complaint was frivolous because it lacked an arguable basis in law or fact and alleged irrational, wholly incredible, and fanciful events; it was therefore subject to dismissal under 28 U.S.C. § 1915(e)(2)(B)(i).
- Federal courts lack power to entertain claims that are otherwise within their jurisdiction when the claims are so attenuated and unsubstantial as to be absolutely devoid of merit.
Questions Presented
- Whether the complaint should be dismissed as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i).
- Whether allegations that are irrational, wholly incredible, fanciful, or plainly abusive of the judicial process are sufficiently substantial to invoke federal subject matter jurisdiction.
Disposition
dismissed
Cases Cited (10)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
- Neitzke v. Williams, 490 U.S. 319, 325 (1989)(followed)
- Crisafi v. Holland, 655 F.2d 1305, 1307-09 (D.C. Cir. 1981)(followed)
- Hagans v. Lavine, 415 U.S. 528, 536-37 (1974)(followed)
- Newburyport Water Co. v. Newburyport, 193 U.S. 561, 579 (1904)(followed)
- Tooley v. Napolitano, 586 F.3d 1006, 1010 (D.C. Cir. 2009)(followed)
- Denton v. Hernandez, 504 U.S. 25, 33 (1992)(followed)
- Ibrahim v. Dist. of Columbia, Nos. 93-0002, Civ. A. 93-0060, 1993 WL 30814, at *1 (D.D.C. Jan. 29, 1993)(followed)
- Ibrahim v. D.C. Dep't of Corrections, No. 93-7029, 1993 WL 328110 (D.C. Cir. July 7, 1993) (per curiam)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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