Opinion
Civil Action No. 17-2064 (UNA)
11-06-2017
Sigfredo Miranda, Plaintiff, v. U.S. Government Defendant.
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 (IFP). Under the statute governing IFP proceedings, the Court is required to dismiss a case "at any time" it determines that the action is frivolous. 28 U.S.C. § 1915(e)(2)(B)(i).
Plaintiff states in the one-paragraph complaint that he is suing the U.S. government "because they used my birth certificate to make million[s] of dollar[s] in the stock of change [sic] at Wall Street." Complaints premised on fantastic or delusional scenarios or supported wholly by allegations lacking "an arguable basis either in law or in fact" are subject to dismissal as frivolous. Neitzke v. Williams, 490 U.S. 319, 325 (1989); see Denton v. Hernandez, 504 U.S. 25, 33 (1992) ("[A] finding of factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible[.]"); Crisafi v. Holland, 655 F.2d 1305, 1307-08 (D.C. Cir. 1981) ("A court may dismiss as frivolous complaints . . . postulating events and circumstances of a wholly fanciful kind."). The instant complaint satisfies the foregoing standard; therefore, this case will be dismissed. A separate Order accompanies this Memorandum Opinion. Date: November 6th , 2017
/s/_________
United States District Judge