Wallace v. Pence ( 2017 )

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Jimmy Wallace,
Plaintiff,
Case: 1117-cv-00014
Assigned To : Unassigned
Assign. Date ; 1/4/2017
Description: Pro Se Gen. Civi| (F Deck)
V.
Vice President-elect l\/like Pence,
\/\/\/\/\_/\./\/\_/\,/\/
Defendant.
l\/IEMGRANDUl\/[ OPINION
This matter is before the Court on its initial review of plaintiffs pro se complaint and
application for leave to proceed informal pauperis Pursuant to 28 U.S.C. § 1915(e), the Court is
required to dismiss a complaint upon a determination that it, among other grounds, is frivolous
28 U.S.C. § 1915(e)(2)(B)(i).
Plaintiff is a resident of Washington, D.C., who has sued Vice President-elect l\/like
Pence. The ten-page complaint consists of rambling statements about the recent presidential
election and other random matters. Plaintiff seems to want to change the manner in which the
vice president is selected, and he has “decided to challenge [Mr. Pence] to a debate[.]” Plaintiff
proposes that if he Shows that he is “clearly more prepared to be vice president-by popular vote,”
he "would ask that l\/lrs. Clinton have the office I’ve won.” Compl. at 2. prlaintiffis
"unsuccessful, [he] would ask that emergency legislation to rename the vice president’s office
‘OLPUS,’ the officer named the Liaison, and l\/lrs. Clinton offered the position, based on the
popular vote.” Id. Plaintiff s “Dissertation,” id., continues in this manner.
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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 under
§ l9l5(e) as frivolous Neitzke v. Wl'lliams, 490 U.S. 319, 325 (1989); see Besi v. Kelly, 39 F.3d
328, 330 (D.C. Cir. 1994) (a court may dismiss as frivolous “essentially fictitious” claims)
(citations and internal quotation marks omitted); Crl'safl v. H()Iland, 655 F.2d 1305, 1307-08
(D.C. Cir, l981) (“A court may dismiss as frivolous complaints . . . postulating events and
circumstances of a wholly fanciful kind.”). The instant complaint satisfies this standard;
therefore, this case will be dismissed with prejudice A separate Order accompanies this
l\/Iemorandum Opinion.
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p¢/ UnitedVStates District Judge
Date: January 3__, 2017