Summary
dismissing case as frivolous, finding that plaintiff lacked legal standing to bring claims.
Summary of this case from Purnell v. Miss. Univ. Med. Ctr.Opinion
Case No. 1:12CV00058
10-04-2012
ANNAMARIE RIETHMILLER, Plaintiff, v. ELECTORS FOR THE STATE, Defendants.
Annamarie Riethmiller, Pro Se.
OPINION
By: James P. Jones
United States District Judge
Annamarie Riethmiller, Pro Se.
In her pro se Complaint, the plaintiff requests the court declare President Obama ineligible as a candidate for election to a second term because she contends that he was not born in the United States and has otherwise violated the Constitution. I will grant leave to proceed in forma pauperis but dismiss the case as frivolous. 28 U.S.C.A. § 1915(e)(2)(B)(i) (West 2006).
The court may dismiss frivolous cases sua sponte. Cochran v. Morris, 73 F.3d 1310, 1315-16 (4th Cir. 1996). A frivolous claim lacks "an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). A claim lacks an arguable basis in law when it is "based on an indisputably meritless legal theory." Id. at 327.
The plaintiff lacks legal standing to assert the claims set forth in her Complaint and accordingly the court lacks subject-matter jurisdiction. See Kerchner v. Obama, 612 F.3d 204, 207 (3d Cir.), cert. denied, 131 S. Ct. 663 (2010); Sibley v. Obama, No. 12-cv-1 (JDB), 2012 WL 2016809, at *2 (D.D.C. June 6, 2012).
While the plaintiff's request for leave to proceed in forma pauperis will be granted, her Complaint will be dismissed.
A separate Order will be entered herewith.
James P. Jones
United States District Judge