Moon v. Barger-Leibrich

Summary

The United States District Court for the District of Columbia grants the plaintiff’s application to proceed in forma pauperis but dismisses the complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). The court concludes that the rambling allegations of an expansive criminal conspiracy are irrational, wholly incredible, and insufficient to support subject-matter jurisdiction.

Holdings

1. A complaint must be dismissed as frivolous when it lacks an arguable basis in law or fact or alleges irrational, wholly incredible, or wholly fanciful events. Plaintiff's complaint fell within those categories and was dismissed.
2. 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; the complaint therefore could not support the exercise of subject matter jurisdiction.
3. A complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face; this complaint did not satisfy that standard.

Questions Presented

1. Whether the pro se complaint was frivolous and subject to dismissal under 28 U.S.C. § 1915(e)(2)(B)(i).
2. Whether the complaint's irrational, wholly incredible, and legally or factually insubstantial allegations deprived the court of subject matter jurisdiction.

Disposition

dismissed