Grimes v. Library of Congress

FILED UNITED STATES DISTRICT COURT 3/18/2021

Clerk, U.S. District & Bankruptcy FOR THE DISTRICT OF COLUMBIA

Court for the District of Columbia JEROME L. GRIMES, )

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Plaintiff, )

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v. ) Civil Action No. 21-0245 (UNA)

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LIBRARY OF CONGRESS, )

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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. Under the statute governing in forma pauperis proceedings, the Court is required to dismiss a case “at any time” it determines that the action is frivolous, malicious, or fails to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2).

Based on the Court’s review of Plaintiff’s submission, the complaint’s factual allegations largely are incoherent, irrational or wholly incredible, rendering the complaint subject to dismissal as frivolous. See Denton v. Hernandez, 504 U.S. 25, 33 (1992) (“[A] finding of factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible[.]”); 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.”); Crisafi v. Holland, 655 F.2d 1305, 1307–08 (D.C. Cir. 1981) (“A court may dismiss as frivolous complaints . . . postulating events and circumstances of a wholly fanciful kind.”).

The Court will grant Plaintiff’s application to proceed in forma pauperis and dismiss the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as frivolous. An Order is issued separately.

/s/ AMIT P. MEHTA United States District Judge DATE: March 18, 2021