Bishop v. Bonner

Opinion

FILED

APR '8 2015

Clerk, us. District & Bankru tc Courts for the District of Coluilnbl'a

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

J. BISHOP, ) ) Plaintiff, ) ) Case: 1:15—cv—OO485 V‘ ) Assigned To : Unassigned ) Assign. Date : 4/6/2015 _ _ LEO BONNER’ ) Description: Pro Se Gen. CIVIl (F Deck) ) Defendant. ) W

The trial court has the discretion to decide whether a complaint is fiivolous, and such finding is appropriate when the facts alleged are irrational or wholly incredible. Denton v. Hernandez, 504 US 25, 33 (1992); see Neitzke v. Williams, 490 US. 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”). The Court has reviewed the complaint, and although it is not entirely clear, the Court understands plaintiff to state a claim for assault by means of witchcraft. On this basis, the Court concludes that what factual contentions are identifiable are baseless and wholly incredible, and that the allegations of the complaint

“constitute the sort of patently insubstantial claims” that deprive the Court of subject matter

jurisdiction. T ooley v. Napolitano, 586 F.3d 1006, 1010 (DC. Cir. 2009).

The Court will grant plaintiff 8 application to proceed in forma pauperis and will dismiss the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). An Order consistent with this

Memorandum Opinion is issued separately.

DATE: 4‘] fl! go ,5

nit d S tes District Judge