Opinion
Civil Action 1:23-cv-02450 (UNA)
10-26-2023
BOBBIE DEANNA RUFF, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
MEMORANDUM OPINION
JIA M. COBB UNITED STATES DISTRICT JUDGE
This matter is before the Court on its initial review of plaintiff's pro se complaint, ECF No. 1, and application for leave to proceed in forma pauperis, ECF No. 2. The Court will grant the in forma pauperis application and dismiss the case pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), by which the Court is required to dismiss a case “at any time” if it determines that the action is frivolous.
“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).
Plaintiff, a resident of River Rouge, Michigan, sues the United States for $888 trillion in damages, alleging that she was “attacked by weapons of war,” and “injected with a brain disease” in May 2020. She next contends that, in April 2022, “God showed up and gifted [her] the DNA antibody [] which was unknown to man.” Finally, she asserts that, from 2018 to date, the FBI has “formed troops” to stalk and harass her, in contravention of the “Chemical Weapons Convention Treaty.”
This Court cannot exercise subject matter jurisdiction over a frivolous complaint. Hagans v. Lavine, 415 U.S. 528, 536-37 (1974) (“Over the years, this Court has repeatedly held that the federal courts are without power to entertain claims otherwise within their jurisdiction if they are ‘so attenuated and unsubstantial as to be absolutely devoid of merit.'”) (quoting Newburyport Water Co. v. Newburyport, 193 U.S. 561, 579 (1904)); Tooley v. Napolitano, 586 F.3d 1006, 1010 (D.C. Cir. 2009) (examining cases dismissed “for patent insubstantiality,” including where the plaintiff allegedly “was subjected to a campaign of surveillance and harassment deriving from uncertain origins.”). Therefore, a court is obligated to 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. The instant complaint falls squarely into this category. In addition to failing to state a claim for relief or establish this Court's jurisdiction, the complaint is frivolous on its face.
Consequently, this case is dismissed without prejudice. Plaintiff's pending motion to appoint counsel, ECF No. 3, is denied as moot. A separate order accompanies this memorandum opinion