Opinion
Civil Action 23-01820 (UNA)
07-12-2023
MEMORANDUM OPINION
TREVOR N. MCFADDEN, UNITED STATES DISTRICT JUDGE.
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. The Court will grant the application and dismiss the complaint. See 28 U.S.C. § 1915(e)(2)(B)(i) (requiring immediate dismissal of a frivolous action).
Plaintiff, a resident of San Diego, California, has sued former President Donald Trump for “Ceditious [sic] Conspiracy and contempt of court.” Compl. Caption. Plaintiff states that “this is an MDL case suppressed in Ca.[,] Washington D.C., and FL,” and “is the case of the family tied to the January 6 insurrection, to child trafficking and attempted murders of child and mother crimes outlined in all related cases[.]” Compl., ECF No. 1 at 2. The assertions continue in this incoherent manner. See id. at 2-5.
Complaints premised on fantastic or delusional scenarios or supported wholly by allegations lacking “an arguable basis either in law or in fact” may be dismissed as frivolous. Neitzke v. Williams, 490 U.S. 319, 325 (1989). The instant complaint satisfies this standard and therefore will be dismissed. The Court cannot exercise jurisdiction over such a claim. The dismissal will be, however, without prejudice. A separate order accompanies this Memorandum Opinion.