Moon v. Cislak

Summary

The U.S. District Court for the District of Columbia grants the pro se 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 conspiracy and various criminal acts are both legally and factually insubstantial and lack a plausible basis for federal jurisdiction.

Holdings

1. The complaint was frivolous and malicious because it lacked an arguable basis in law or fact and was plainly abusive of the judicial process; the action therefore had to be dismissed under 28 U.S.C. § 1915(e)(2)(B)(i).
2. The court could not exercise subject matter jurisdiction over claims that were so attenuated and unsubstantial as to be absolutely devoid of merit.

Questions Presented

1. Whether the complaint was frivolous or malicious and therefore subject to dismissal on initial review under 28 U.S.C. § 1915(e)(2)(B)(i).
2. Whether the allegations were so irrational, wholly incredible, attenuated, and unsubstantial that the court could not exercise subject matter jurisdiction over the action.

Disposition

dismissed