Opinion
Civil Action No. 11-1140
08-08-2011
Raymond Valero, Plaintiff, v. President Barack Obama et al. Defendants.
MEMORANDUM OPINION
This matter is before the Court on review of plaintiff's pro se complaint and application to proceed in forma pauperis. The application will be granted and the complaint will be dismissed pursuant to 28 U.S.C. § 1915A (requiring dismissal of a prisoner's complaint upon a determination that the complaint, among other grounds, is frivolous).
Plaintiff, a Texas inmate confined in Lovelady, Texas, sues President Barack Obama, the United States, the State of Texas, a Texas judge, and an attorney. See Compl. at 4. He claims that "[t]he president and former presidents . . . [have] been cruelly hurting the poor American citizen . . . with these cruelly and painfully slavery (federal and state prison & jail)." Compl. at 5. Plaintiff "demand[s]" that this Court enter a judgment of acquittal and seeks $7 billion in damages. Id.
The complaint not only presents the type of fantastic or delusional scenarios found to justify immediate dismissal as frivolous, Neitzke v. Williams, 490 U.S. 319, 328 (1989); Best v. Kelly, 39 F.3d 328, 330-31 (D.C. Cir. 1994), but it is frivolous also because it lacks "an arguable basis in law and fact." Brandon v. District of Columbia Bd of Parole, 734 F.2d 56, 59 (D.C. Cir. 1984). A separate Order of dismissal accompanies this Memorandum Opinion.
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United States District Judge