Opinion
Civil Action No. 1:18-cv-02797 (UNA)
12-31-2018
WILLIAM FEEGBEH, Plaintiff, v. JOSEPH KENNEDY, Defendant.
MEMORANDUM OPINION
This matter is before the Court on its initial review of plaintiffs' pro se complaint ("Compl.") and application for leave to proceed in forma pauperis. The Court will grant the in forma pauperis applications and dismiss the case pursuant to 28 U.S.C. § 1915(e)(2)(B), which allows for dismissal of a plaintiff's complaint which fails to state a claim upon which relief can be granted or is frivolous or malicious.
"A complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009), quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A complaint that lacks "an arguable basis either in law or in fact" is frivolous, Neitzke v. Williams, 490 U.S. 319, 325 (1989), and a "complaint plainly abusive of the judicial process is properly typed malicious," Crisafi v. Holland, 655 F.2d 1305, 1309 (D.C. Cir. 1981).
The complaint, in its current form, is nearly incomprehensible. Plaintiff provides a rambling account of his personal and family history. Compl. at 2-3. He states that he is intended to inherit various international family-owned oil companies. Id. at 3. He sues Congressman Joseph Kennedy, however, the intended cause(es) of action and relief sought are entirely unclear. Id. at 1. He merely alleges that defendant's father, Ted Kennedy, has been [sic] "selling oil from Venezuelan oil company American families and non-American . . ." in the amount of "three trillion from 1979 [through] 2018." Id. at 1-2.
A court may dismiss a complaint as frivolous "when the facts alleged rise to the level of the irrational or the wholly incredible," Denton v. Hernandez, 504 U.S. 25, 33 (1992), or "postulat[e] events and circumstances of a wholly fanciful kind," Crisafi, 655 F.2d at 1307-08. In addition to failing to state a claim for relief, the instant complaint is deemed frivolous on its face. Consequently, the complaint and this case will be dismissed. A separate order accompanies this memorandum opinion. Date: December 31, 2018
/s/_________
United States District Judge