Miranda v. U.S. Government ( 2015 )


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  • FILED
    UNITED STATES DISTRICT COURT JUL 2 i 2015
    FOR THE DISTRICT OF COLUMBIA Clerk, US. District & Bankruptcy
    Courts tor the District of Columbia
    Sigfredo Miranda, )
    )
    Plaintiff” ) Case: 1:15—cv—O1163
    ) Assigned To : Unassigned
    V' ; Assign. Date : 7/21/2015
    ' t'on: Pro Se Gen. Civil (F)
    US. Government, ) Descr'p '
    )
    Defendant. )
    )
    MEMORANDUM OPINION
    This matter is before the Court on review of the plaintiff” S pro se complaint and
    application to proceed in fbrma pauperis. The application will be granted and the case will be
    dismissed pursuant to 28 U.S.C. § 1915(e), which requires the Court to dismiss a complaint upon
    a determination that it, among other grounds, is frivolous.
    Plaintiff, a resident of the District of Columbia, alleges only that the United States “put
    my birth certificate in the stock change an[d] made million[s] of dollar[s] in there.” This
    allegation is the type warranting dismissal of the case under § 1915(e)(2)(B)(i) as frivolous.
    Neilzke v. Williams, 490 US. 319, 325 (1989). See Best v. Kelly, 
    39 F.3d 328
    , 330-31 (DC. Cir.
    1994) (a court may dismiss claims that are “essentially fictitious”—- for example, where they
    suggest “bizarre conspiracy theories . . . [or] fantastic government manipulations of their will or
    mind”) (citations and internal quotation marks omitted); Crisafi v. Holland, 
    655 F.2d 1305
    ,
    1307-08 (DC. Cir. 1981) (“A court may dismiss as frivolous complaints . . . postulating events
    and circumstances of a wholly fanciful kind”). A separate order of dismissal accompanies this
    Memorandum Opinion,
    / 7 I
    , ,
    l [27/
    Date: July [(5 ,2015 /United Sta sDisrictJudg
    

Document Info

Docket Number: Civil Action No. 2015-1163

Judges: Judge Rosemary M. Collyer

Filed Date: 7/21/2015

Precedential Status: Precedential

Modified Date: 7/21/2015