Moon v. Harris

Summary

The United States 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 finds the 235-page complaint largely incomprehensible and based on irrational and wholly incredible allegations of a broad criminal conspiracy and other wrongdoing.

Holdings

1. A complaint is frivolous when it lacks an arguable basis in law or fact, including when its factual allegations are irrational, wholly incredible, or fanciful; a complaint that is plainly abusive of the judicial process may also be treated as malicious. Plaintiff's complaint met both descriptions.
2. Federal courts lack power to entertain claims that are otherwise within their jurisdiction when they are so attenuated and unsubstantial as to be absolutely devoid of merit.
3. The complaint and action were dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).

Questions Presented

1. Whether the complaint was frivolous and malicious or otherwise so insubstantial that it could not support federal subject matter jurisdiction.
2. Whether the action should be dismissed during initial review under 28 U.S.C. § 1915(e)(2)(B)(i).

Disposition

dismissed