Stevens v. Department of Health and Human Services

FILED
DEC .~ 8 2009
UNITED STATES DISTRICT COURT
Clerk, U.S. District ana
FOR THE DISTRICT OF COLUMBIA Bankruptcy Courts
)
Tommy Lee Stevens, )
)
Plaintiff, )
)
v. )
)
Civil Action No. 09 2328
Dep't of Health and Human Services et al., )
)
Defendants. )
MEMORANDUM OPINION
Before the Court is the plaintiffs pro se complaint and application to proceed informa
pauperis. The application will be granted and the complaint will be dismissed.
The plaintiff alleges that in November 1994 he was implanted with a microchip-like
device, after which he "began hearing voices and having other problems with [his] body."
Compl. at 1. He "[knows] that the people responsible for having [him] implanted [are] locked
onto the chip and [are] transmitting to [him]," and know everything he is thinking. Id. at 1-2.
The monitors control his body and also transmit signals to him that cause him great pain. Id.
at 2. As a consequence of the implanted device, and because the federal defendant has not
responded appropriately to a FOIA request on how such implanted devices work, id. at 3, the
plaintiff has brought this "Federal False Claims Act," to obtain a fair and impartial Congressional
investigation of the matter. Compl. at 1,5.
A complaint such as this one that describes fantastic or delusional scenarios is subject to
immediate dismissal. See Neitzke v. Williams, 490 U.S. 319, 328 (1989); Best v. Kelly, 39 F.3d
328,330-31 (D.C. Cir. 1994). Moreover, a complaint may be dismissed as frivolous when it
lacks "an arguable basis in law and fact." Brandon v. District a/Columbia Bd. a/Parole, 734
F.2d 56, 59 (D.C. Cir. 1984). Accordingly, this complaint . b~e....-__