Summary
The United States District Court for the District of Columbia grants Plaintiff Adrian Damico Moon’s application to proceed in forma pauperis and dismisses his pro se complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). The court concludes that the complaint’s allegations of an extensive criminal conspiracy and other wrongdoing are irrational, wholly incredible, and insufficient to invoke federal subject-matter jurisdiction.
Holdings
- A court must dismiss an in forma pauperis complaint as frivolous when it lacks an arguable basis in law or fact or alleges facts rising to the level of the irrational or wholly incredible.
- A complaint that is plainly abusive of the judicial process is malicious and subject to dismissal under the in forma pauperis screening statute.
- Federal courts lack power to entertain claims that are so attenuated and unsubstantial as to be absolutely devoid of merit.
Questions Presented
- Whether the complaint was sufficiently plausible and legally or factually supported to proceed.
- Whether the complaint was frivolous and malicious under 28 U.S.C. § 1915(e)(2)(B)(i), requiring dismissal.
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
Open PDFLoading document…