Moon v. Mazzuchelli

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 complaint's allegations of an expansive criminal conspiracy and related wrongdoing are irrational, wholly incredible, and insufficient to support federal jurisdiction.

Holdings

1. A complaint must be dismissed as frivolous when its allegations lack an arguable basis in law or fact, are irrational or wholly incredible, or postulate wholly fanciful events; a complaint plainly abusive of the judicial process is also properly treated as malicious. Moon's complaint fell into both categories.
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.

Questions Presented

1. Whether the complaint should be dismissed on initial review as frivolous or malicious under 28 U.S.C. § 1915(e)(2)(B)(i).
2. Whether allegations that are irrational, wholly incredible, fanciful, or plainly abusive of the judicial process can support a federal claim or invoke subject matter jurisdiction.

Disposition

dismissed