Olivia Johnson v. Gina Abadi and Hong Yi Zeng
District Court, E.D. Wisconsin
Olivia Johnson v. Gina Abadi and Hong Yi Zeng
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
OLIVIA JOHNSON,
Plaintiff,
Case No. 25-CV-1841-JPS
v.
GINA ABADI and HONG YI ZENG,
ORDER
Defendants.
On November 20, 2025, Plaintiff Olivia Johnson (“Plaintiff”) filed
this action and moved for leave to proceed in forma pauperis, or without
prepayment of the filing fee. ECF Nos. 1, 2. This Order briefly screens
Plaintiff’s complaint and—finding that the complaint fails to state a claim
and considering the identical actions that Plaintiff has filed across the
country and the likelihood that this action is frivolous and/or malicious—
dismisses this action.
When a pro se litigant seeks to proceed in forma pauperis, the Court
must screen the litigant’s complaint prior to service on defendants. The
Court “shall dismiss the case” if it finds any of the following: the action is
frivolous or malicious, the complaint fails to state a claim upon which relief
may be granted, or the complaint seeks monetary relief against a defendant
who is immune from such relief, 28 U.S.C. § 1915(e)(2); or the case is outside
of the Court’s subject matter jurisdiction, FED. R. CIV. P. 12(h).
A claim is legally frivolous when it “lacks an arguable basis either in
law or in fact.” Denton v. Hernandez, 504 U.S. 25, 31 (1992) (quoting Neitzke
v. Williams, 490 U.S. 319, 325 (1989)); see also Hutchinson ex rel. Baker v. Spink,
126 F.3d 895, 900 (7th Cir. 1997) (quoting Neitzke, 490 U.S. at 325). The Court
may dismiss a claim as frivolous where it is based on an indisputably
meritless legal theory or where the factual contentions are clearly baseless.
Neitzke, 490 U.S. at 327. A “malicious” complaint is one that is “intended to
harass.” Lindell v. McCallum, 352 F.3d 1107, 1109 (7th Cir. 2003) (collecting
cases).
In reviewing the complaint, the Court is required to “accept as true
all of the well-pleaded facts in the complaint and draw all reasonable
inferences in favor of the plaintiff.” Kubiak v. City of Chicago, 810 F.3d 476,
480–81 (7th Cir. 2016) (citing Tamayo v. Blagojevich, 526 F.3d 1074, 1081 (7th
Cir. 2008)). However, the Court “need not accept as true ‘legal conclusions,
or threadbare recitals of the elements of a cause of action, supported by
mere conclusory statements.’” Brooks v. Ross, 578 F.3d 574, 581 (7th Cir.
2009) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)) (internal bracketing
omitted). Notwithstanding the district court’s obligation to accept the facts
alleged in the complaint as true, it is not required “to accept fantastic or
delusional factual allegations.” Holland v. City of Gary, 503 F. App’x 476, 477
(7th Cir. 2013) (citing Nietzke, 490 U.S. at 327–28 and Hill v. Lappin, 630 F.3d
468, 471 (6th Cir. 2010)); see also Gladney v. Pendleton Corr. Facility, 302 F.3d
773, 774 (7th Cir. 2002) (collecting cases).
Plaintiff’s factual allegations are, in their entirety, that Defendants
Gina Abadi and Hong Yi Zeng (“Defendants”) “conspired together in
violation of due process rights” and, therefore, that Plaintiff is entitled to $1
million. ECF No. 1. She also alleges that the Court “has jurisdiction under
federal law.” Id. The allegations end there, however, leaving no factual
material whatsoever but only these mere legal conclusions. Moreover, the
complaint does not provide “fair notice of what the . . . claim is and the
grounds upon which it rests,” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555
(2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)), to Defendants or to
the Court. Who are Defendants, and what did they allegedly do to harm
Plaintiff, when, and where? Plaintiff’s complaint answers none of these
questions. It therefore fails to state a claim on which relief can be granted,
and this case is subject to dismissal on this basis alone.
“Ordinarily, . . . a plaintiff whose original complaint [is subject to]
dismiss[al] under Rule 12(b)(6) [for failure to state a claim] should be given
at least one opportunity to try to amend her complaint before the entire
action is dismissed.” Runnion ex rel. Runnion v. Girl Scouts of Greater Chi. &
Nw. Ind., 786 F.3d 510, 519 (7th Cir. 2015) (collecting cases). However, leave
to amend need not be granted if the district court finds that “any
amendment would be futile.” Id. (citing Barry Aviation Inc. v. Land O’Lakes
Mun. Airport Comm’n, 377 F.3d 682, 687 (7th Cir. 2004)).
The Court finds that dismissal without further leave to amend is
appropriate in this case. Not only does Plaintiff’s complaint fail to state a
claim, but she has also simultaneously filed identical complaints in four
other districts. Johnson v. Abadi et al., Case No. 25-CV-1356, ECF No. 1 (M.D.
Tenn. Nov. 21, 2025); Johnson v. Abadi et al., Case No. 25-CV-1471, ECF No.
1 (C.D. Ill. Nov. 21, 2025); Johnson v. Abadi et al., Case No. 25-CV-1824, ECF
No. 1 (W.D. La. Nov. 20, 2025); Johnson v. Abadi et al., Case No. 25-CV-13481,
ECF No. 1 (D. Mass. Nov. 20, 2025). The fact that Plaintiff raises identical
but similarly undeveloped allegations against the exact same Defendants in
all five actions strongly suggests that this action is factually baseless and,
therefore, frivolous and/or is intended to harass Defendants. Lindell, 352
F.3d at 1109. Additionally, even if Plaintiff had provided any concrete
factual allegations to draw from, it would be highly implausible that
Defendants have ties to all five judicial districts and harmed Plaintiff in each
one of them such that venue would be proper in each of these districts. See
28 U.S.C. § 1391(b). Under these circumstances, the Court believes that
permitting Plaintiff to amend her complaint would be futile and would only
result in further unnecessary expenditures of judicial resources.
For these reasons, the Court will dismiss this case and deny as moot
Plaintiff’s motion for leave to proceed without prepayment of the filing fee.
The dismissal will operate, at this time, without prejudice. Although
Plaintiff’s complaint together with her litigation history suggests that this
action is frivolous and/or malicious, the Court does not yet find dismissal
with prejudice warranted, as this would likely preclude Plaintiff from
attempting to litigate her claims in any federal forum.1 However, if Plaintiff
refiles an action identical to her current lawsuit in this District, the action
may be subject to dismissal with prejudice, and she may be barred from
filing further cases.
Accordingly,
IT IS ORDERED that Plaintiff Olivia Johnson’s motion for leave to
proceed in forma pauperis, ECF No. 2, be and the same is hereby DENIED
as moot; and
IT IS FURTHER ORDERED that this action be and the same is
hereby DISMISSED without prejudice.
The Clerk of Court is directed to enter judgment accordingly.
1If another district court in which Plaintiff’s cases are pending finds that
Plaintiff’s complaint (1) can state a claim and (2) is more properly heard in this
District, then the case can be transferred here pursuant to 28 U.S.C. § 1404, the
change of venue statute.
Dated at Milwaukee, Wisconsin, this 9th day of December, 2025.
BY TH rn
np
P. Std mueller
US. District Judge
Page 50f5
Reference
- Status
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