Moon v. Howell

Summary

The United States District Court for the District of Columbia grants the pro se 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 conspiracy involving a federal judge and others are rambling, incomprehensible, and devoid of an arguable basis in law or fact.

Holdings

1. A complaint must be dismissed as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i) when its allegations lack an arguable basis in law or fact, rise to the level of the irrational or wholly incredible, or postulate wholly fanciful events; a complaint plainly abusive of the judicial process may also be dismissed as malicious.
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.
3. A complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face.

Questions Presented

1. Whether the complaint should be dismissed on initial review under 28 U.S.C. § 1915(e)(2)(B)(i) as frivolous or malicious.
2. 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