Herring v. Evindrine ( 2020 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
TOMMY HERRING, )
)
Plaintiff, )
)
v. ) Civil Action No. 20-0811 (UNA)
)
FDA, et al., )
)
Defendant. )
MEMORANDUM OPINION
This matter is before the Court on the plaintiff’s application to proceed in forma pauperis
and his pro se complaint. For the reasons stated below, the Court will grant the application and
dismiss the complaint.
The plaintiff alleges that, on September 21, 1979, a toxic chemical was injected into his
spine. Compl. at 4. He identifies the substance as “AIDS virus,” and claims his health care
providers have hidden this information from him by refusing to release his medical records. Id.
Now that the “toxic chemical [has] eat[en] through the spine cord,” the plaintiff experiences pain.
Id. He contends that this would not have happened to him if President John F. Kennedy had not
been killed. Id. He demands damages of $19 billion. See id.
The trial court has the discretion to decide whether a complaint is frivolous, and such
finding is appropriate when the facts alleged are irrational or wholly incredible. Denton v.
Hernandez, 504 U.S. 25, 33 (1992); see Neitzke v. Williams, 490 U.S. 319, 325 (1989) (“[A]
complaint, containing as it does both factual allegations and legal conclusions, is frivolous where
it lacks an arguable basis either in law or in fact.”). Having reviewed the plaintiff=s complaint,
the Court concludes that its factual allegations are baseless and wholly incredible. For this reason,
the complaint is frivolous and must be dismissed. See 28 U.S.C. § 1915(e)(1)(B). An Order
consistent with this Memorandum Opinion is issued separately.
/s/
AMY BERMAN JACKSON
United States District Judge
DATE: April 7, 2020