Moon v. Van Zile

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 concludes that the complaint's allegations lack an arguable basis in law or fact and are fanciful.

Holdings

1. A complaint lacking an arguable basis in law or fact, including one postulating wholly fanciful events and circumstances, is frivolous and must be dismissed under 28 U.S.C. § 1915(e)(2)(B)(i). The court held that plaintiff's complaint met that standard.
2. The court granted plaintiff's application to proceed in forma pauperis.

Questions Presented

1. Whether the complaint was frivolous and subject to dismissal under 28 U.S.C. § 1915(e)(2)(B)(i).
2. Whether plaintiff was entitled to proceed in forma pauperis.

Disposition

dismissed