FILED UNITED STATES DISTRICT COURT NOV - 8 2010 FOR THE DISTRICT OF COLUMBIA Clerk, U.S. District & Bankruptcy Courts for the District of Columbia

Bart N . Velarde, ) ) Plaintiff, ) ) v. ) ) Civil Action No. 10 1921 President Barack Obama, ) ) Defendant. )

MEMORANDUM OPINION

This matter is before the Court on its initial review of plaintiff s pro se complaint and

application for leave to proceed in forma pauperis. Pursuant to

(e), the Court is

required to dismiss a complaint upon a determination that it, among other grounds, is frivolous.

(e)(2)(B)(i).

Plaintiff is a resident of No vi, Michigan, suing President Barack Obama for "an act of

murder (or genocide)." Compl. at 6 (page numbers supplied). In a lengthy narrative entitled

"The Case to Establish God's True Nation on Earth,"

, plaintiff seeks to hold the current

president liable for the acts of former President William McKinley during the Spanish-American

War. See

. He accuses all of President Obama's predecessors of allegedly "avoid[ing]

political responsibility for the death of two and one half million innocent Flipino men, women

and children on the surface of the planet earth." ld. at 6.

A complaint may be dismissed under

(e)(2) as frivolous when it

describes fantastic or delusional scenarios, contains "fanciful factual allegation[s]," Neitzke v.

Williams,

(1989), or lacks "an arguable basis in law and fact." Brandon v. District of Columbia Bd. of Parole,

(D.C. Cir. 1984). This complaint qualifies

for such treatment. A separate Order of dismissal accompanies this Memorandum Opinion.

Date: November 5,;010

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