Moon v. Whetstone

Summary

The United States District Court for the District of Columbia grants the 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 complaint's allegations of an expansive criminal conspiracy are irrational, wholly incredible, and insufficient to invoke subject matter jurisdiction.

Holdings

1. A complaint is frivolous when it lacks an arguable basis in law or fact or alleges irrational, wholly incredible, or wholly fanciful events; a complaint that is plainly abusive of the judicial process is malicious. Plaintiff's complaint fell into both categories.
2. A complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face; Plaintiff's complaint did not satisfy that standard.
3. Federal courts lack power to entertain claims that are so attenuated and unsubstantial as to be absolutely devoid of merit; because the complaint was frivolous and malicious, the court could not exercise subject matter jurisdiction over it.
4. The court dismissed the complaint and the case pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).

Questions Presented

1. Whether the complaint stated a plausible claim for relief.
2. Whether the complaint was frivolous or malicious because its allegations lacked an arguable basis in law or fact, were irrational or wholly incredible, and were plainly abusive of the judicial process.
3. Whether dismissal was required under 28 U.S.C. § 1915(e)(2)(B)(i).

Disposition

dismissed