Summary
The U.S. 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 finds the allegations of an expansive criminal conspiracy and related misconduct irrational, wholly incredible, and insufficient to establish subject-matter jurisdiction.
Holdings
- A complaint must be dismissed as frivolous when its allegations lack an arguable basis in law or fact and rise to the level of the irrational, wholly incredible, or wholly fanciful. Plaintiff's complaint met that standard and was properly dismissed.
- Federal courts lack power to entertain claims otherwise within their jurisdiction when the claims are so attenuated and unsubstantial as to be absolutely devoid of merit; the complaint at issue fell within that category.
Questions Presented
- Whether the complaint should be dismissed on initial review as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i).
- Whether the complaint's allegations were so irrational, fanciful, unsubstantial, and abusive of the judicial process that the court lacked subject matter jurisdiction to entertain them.
Disposition
dismissed
Cases Cited (10)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(applied)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)(applied)
- Neitzke v. Williams, 490 U.S. 319, 325 (1989)(applied)
- Crisafi v. Holland, 655 F.2d 1305, 1307-09 (D.C. Cir. 1981)(applied)
- Hagans v. Lavine, 415 U.S. 528, 536-37 (1974)(applied)
- Newburyport Water Co. v. Newburyport, 193 U.S. 561, 579 (1904)(applied)
- Tooley v. Napolitano, 586 F.3d 1006, 1010 (D.C. Cir. 2009)(applied)
- Denton v. Hernandez, 504 U.S. 25, 33 (1992)(applied)
- Ibrahim v. Dist. of Columbia, Nos. 93-0002, Civ. A. 93-0060, 1993 WL 30814, at *1 (D.D.C. Jan. 29, 1993)(applied)
- Ibrahim v. D.C. Dep't of Corrections, No. 93-7029, 1993 WL 328110 (D.C. Cir. July 7, 1993) (per curiam)(cited)
Cited In (0)
No citing cases on record yet.
Court Document
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