FILED

UNITED STATES DISTRICT COURT 2 9

FOR THE DISTRICT OF COLUMBIA C|erk, U.S. District and

GEoRGE LEE oDEMNs ni, ) B°""'“°*°Y C°“"S ) Plaintiff, ) ) Case: 1;16-cv-O0798 Jury Demand V- ) Assigned To : Unassigned ) Assign. Date ; 4/29/2016 _ _ MURDOCH FAMILY TRUST, €f ¢11., ) Description: Pro Se Gen. C\v\| (F Deck) ) Defendants. ) MEMORANDUM OPINION

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,

(1992); see Nez`tzke v. Willz'ams, 490 U.S. 3l9, 325 (l989) ("[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 what factual contentions are identifiable are baseless and wholly incredible. For example, the allegation that defendants "had allegedly been using the plaintiff[’s]

oral and/or electronic communication(s) for pseudonym work," Compl. at 6, does not comprise a viable legal claim. Furthermore, the allegations of the complaint "constitute the sort of patently insubstantial claims" that deprive the Court of subject matter jurisdiction. Tooley v. Napolz'tano,

, 1010 (D.C. Cir. 2009).

The Court will grant plaintiffs application to proceed in forma pauperis and will dismiss the complaint pursuant to 28 U.S.C. § l9l5(e)(2)(B)(i). An Order consistent with this

Memorandum Opinion is issued separately.

DATE; Ll/,l(,/bl¢»[(, f

United St s District Judge