Berry v. Seized Federal Security

District Court, D. Massachusetts May 6, 2021

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 21-10304-RGS

DUANE L. BERRY

SEIZED FEDERAL SECURITY

ORDER

May 6, 2021

STEARNS, D.J.

Duane L. Berry is a federal prisoner confined at FMC Butner. He is currently being evaluated for civil commitment under

28 U.S.C. § 4246

(a). See United States v. Berry, Civil No. 20-02085 (E.D.N.C.). On February 22, 2021, Berry filed a pro se complaint in this court titled as a “Complaint for Forfeiture in Rem.” (Dkt #1). In the caption of the pleading, Berry identifies the United States Department of the Treasury as the plaintiff and “Seized Federal Securities” as the defendant. Berry purports to represent the US Department of the Treasury and identifies himself as a “Federal Trustee.” He seeks forfeiture of property derived from criminal activity, including fraud against the United States. He represents that he has issued a warrant for “arrest in rem regarding the recovery and investigation of classified tax records, documents, and banking information pursuant to the National Security Act.” (Dkt #1-3 at 1). Berry did not pay the filing fee

or seek leave to proceed without prepayment of the fee. A court has the inherent power to dismiss frivolous actions, regardless of the status of the filing fee. See Mallard v. United States Dist. Ct.,

490 U.S. 296, 307-308

(1989); Fitzgerald v. First E. Seventh St. Tenants Corp.,

221 F.3d 362, 363

(2d Cir. 2000) (per curiam); Brockton Sav. Bank. v. Peat, Marwick, Mitchell & Co.,

771 F.2d 5

, 11 n.5 (1st Cir. 1985). In legal parlance, a claim is “frivolous” when “the facts alleged rise to the level of the irrational

or the wholly incredible, whether or not there are judicially noticeable facts available to contradict them.” Denton v. Hernandez,

504 U.S. 25, 33

(1992). Berry’s present action, in which he claims to be counsel for the United States Department of Treasury and purports have the authority to seize property on

behalf of the United States, falls within the definition “frivolous.” ORDER In accordance with the foregoing, the complaint is DISMISSED. The clerk shall issue a final order of dismissal.