Bagby v. President of Bank of America
This text of Bagby v. President of Bank of America (Bagby v. President of Bank of America) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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UNITED sTATEs DISTRICT CoURT FEB 2 2 2@>‘3
FOR THE DISTRICT OF COLUMBIA clerk %'§t_ho‘sm_ct & Bankruptc e District of Columbi:@ Cedric Wayne Bagby, ) Plaintiff, l v. § Civil Action NO.
The President of Bank of America Corp., §
Defendant.
MEMORANDUM OPINION
This matter is before the Court on its initial review of plaintiff’ s pro se complaint and application to proceed in forma pauperz`s. The application will be granted and the complaint will be dismissed pursuant to 28 U.S.C. § l9l 5A (requiring dismissal of a prisoner’s complaint upon a determination that the complaint fails to state a claim upon which relief may be granted or is frivolous).
Plaintiff is a Texas state prisoner incarcerated in Amarillo, Texas. He sues Bank of America Corp., for an alleged "cover-up of oil and gas company’s . . . illegal process." Compl. at 5 (page number supplied). The incoherent statements comprising the complaint fail to establish plaintiff’s legal standing and the basis of federal court jurisdiction. Plaintiff mentions "the Civil Rights Act 42 U.S.C. § 1983," z`d., but that statute by its terms applies to individuals who are alleged to have violated one’s constitutional rights while acting under the authority of a state or municipality.
Not only does this complaint fail to state a claim against Bank of America, it also
presents the type of fantastic or delusional scenarios warranting dismissal of the case as
frivolous Neitzke v. Williams, 490 U.S. 319, 325 (1989); Best v. Kelly, 39 F.3d 328, 330-31 (D.C. Cir. 1994); see Crl`safi v. Holland, 655 F.Zd 1305, 1307-08 (D.C. Cir. l98l) ("A court may dismiss as frivolous complaints . . . postulating events and circumstances of a wholly fanciful kind."). A separate Order of dismissal accompanies this Memorandum Opinion.
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Uriited States District Judge Date: February [[ , 2013
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