Leaming v. Obama ( 2013 )


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  • FILED
    UNITED sTATEs D1sTR1CT CoURT SEP 2 6 2013
    FOR THE DISTRICT OF COLUMBIA c%lgg; #ldr$t.h£;|;t|::;rtlg g:gg;,;:mg%,a
    Kenneth Wayne Leamingl, )
    Plaintiff, g
    v. § civil A¢ri@n N@. /3" /$l/;
    Barack Hussein Obama, §
    Defendant. §
    MEMORANDUM OPINION
    This matter is before the Court on its initial review of plaintiffs pro se complaint and
    application to proceed in forma pauperis. The application will be granted and the complaint will
    be dismissed. See 28 U.S.C. § l9l5A (requiring the Court to screen and dismiss a prisoner’s
    complaint upon a determination that it is frivolous).
    Plaintiff is a prisoner incarcerated at the SeaTac F ederal Detention Center in Seattle,
    Washington. He purports to register a claim against President Barack Obama or the United
    States, but for what injury is wholly unclear. Since the complaint "lacks an arguable basis either
    in law or in fact," Neitzke v. Wl'lliams, 
    490 U.S. 319
    , 325 (1989), it will be dismissed See
    Crisaj"z v. Holland, 
    655 F.2d 1305
    , 1307-08 (D.C. Cir. l98l) ("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.
    /%//Fra¢é
    /¢\ United States ‘District Judge
    Date: September f § , 2013
    ’ Although the name on the case caption of the handwritten complaint omits the surname
    Leaming, the Court takes judicial notice of the plaintiffs prior cases in this Court listing his full
    name as Kenneth Wayne Leaming. In addition, plaintiff s signature on the application to
    proceed in forma pauperis includes Leaming, as does the financial documents furnished by
    prison authorities.
    

Document Info

Docket Number: Civil Action No. 2013-1483

Judges: Judge Beryl A. Howell

Filed Date: 9/26/2013

Precedential Status: Precedential

Modified Date: 10/30/2014