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Brett v. Walton

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Jan 16, 2013
Civil Action No. 13 0064 (D.D.C. Jan. 16, 2013)

Opinion

Civil Action No. 13 0064

01-16-2013

Frank Brett, Plaintiff, v. Judge Reggie Walton et al., Defendants.


MEMORANDUM OPINION

This matter is before the Court on its initial review of plaintiff's pro se complaint and application for leave to proceed in forma pauperis. Pursuant to 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint upon a determination that it, among other grounds, is frivolous. 28 U.S.C. § 1915(e)(2)(B)(i).

Plaintiff is a resident of Philadelphia, Pennsylvania, suing U.S. District Judge Reggie B. Walton of this Court and a list of other defendants. Plaintiff states that on December 18, 2012, "all the logistics and civil rights harassment have been coming from Federal Judge Reggie Walton of Washington DC. I would see attorneys Andrea Carter [a named defendant] and 2 other attorneys follow me into the Washington DC Federal Courthouse. I have the logistics as evidence." Compl. at 2. The remainder of the 19-page complaint is simply incomprehensible.

The complaint presents the very type of fantastic or delusional scenarios warranting dismissal of the case under § 1915(e) as frivolous. See Neitzke v. Williams, 490 U.S. 319, 325 (1989); Best v. Kelly, 39 F.3d 328, 330-31 (D.C. Cir. 1994). Furthermore, complaints, such as this one, that lack "an arguable basis in law and fact" are, too, subject to dismissal as frivolous. Brandon v. District of Columbia Bd. of Parole, 734 F.2d 56, 59 (D.C. Cir. 1984); see Crisafi v. Holland, 655 F.2d 1305, 1307-08 (D.C. Cir. 1981) ("A court may dismiss as frivolous complaints reciting bare legal conclusions with no suggestion of supporting facts, or postulating events and circumstances of a wholly fanciful kind."). A separate Order of dismissal accompanies this Memorandum Opinion.

______________________

United States District Judge


Summaries of

Brett v. Walton

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Jan 16, 2013
Civil Action No. 13 0064 (D.D.C. Jan. 16, 2013)
Case details for

Brett v. Walton

Case Details

Full title:Frank Brett, Plaintiff, v. Judge Reggie Walton et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Date published: Jan 16, 2013

Citations

Civil Action No. 13 0064 (D.D.C. Jan. 16, 2013)