Christian v. Biden
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
PATRICK CHRISTIAN, ) ) Plaintiff, ) ) v. ) Civil Action No. 24-0149 (UNA) ) JOSEPH BIDEN, et al., ) ) Defendants. )
MEMORANDUM OPINION
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). Here, having reviewed the
complaint carefully, the Court cannot discern what claim or claims plaintiff intends to bring.
The caption may suggest a civil rights conspiracy claim, yet the few factual allegations set forth
in the complaint fall far short of stating a viable claim, rendering the complaint subject to
dismissal. See McGuire v. U.S. District Court, No. 10-cv-0696,
2010 WL 1855858, at *1
(D.D.C. May 4, 2010) (summarily dismissing complaint under § 1915(e)(2) because it was
“largely incoherent and nonsensical”); cf. Neitzke v. Williams,
490 U.S. 319, 325(1989) (“[A]
complaint, containing . . . factual allegations and legal conclusions . . . lack[ing] an arguable
basis either in law or in fact” shall be dismissed.). As a result, the complaint fails to comply with
Federal Rules of Civil Procedure 8 and 12(b)(6).
The Court will grant plaintiff’s application to proceed in forma pauperis and dismiss the
complaint without prejudice. A separate order will issue.
DATE: March 18, 2024 RANDOLPH D. MOSS United States District Judge
Reference
- Status
- Published