Bolton v. Robles

• Court: District Court, District of Columbia
• Decided: May 19, 2009
• Docket: Civil Action No. 2009-0923
• Status: Published

Opinion

FILED MAY 19 2009 UNITED STATES DISTRICT COURT Clerk, U.S. District and FOR THE DISTRICT OF COLUMBIA Bankruptcy Courts

Timothy Bolton, ) ) Plaintiff, ) ) v. Civil Action No. ) ) 09 0923 Frank Robles, ) ) Defendant. )

MEMORANDUM OPINION

The plaintiff has filed a pro se complaint and an application to proceed in forma pauperis.

The Court will grant the application to proceed in forma pauperis and dismiss the complaint.

Plaintiff alleges, among other things, that a neurologist told him that plaintiff had a

foreign object, a microchip transmitter, in his brain, and estimated that it had been in plaintiffs

head since plaintiff was about two years old. CompI. at 3. Plaintiff seeks the neurologist's

report, alleges that the neurologist has refused to provide the requested report, and plaintiff offers

his suspicion that defendant, a detective with the San Diego Police Department, has convinced

the neurologist not to release the report to plaintiff. Compl. at 4. As relief, plaintiff asks this

court to authorize a hospital- preferably Georgetown [University] Hospital- to perform a

CAT scan on plaintiff and to provide plaintiff with court-appointed counsel to assist in pursuing

this matter. Id. As further relief, plaintiff wants the court to "reverse the guilty verdict on the

alleged sales charged" and "have his record clear and/or expunged." Id.

This complaint presents precisely the sort of incoherent, "fantastic or delusional

scenarios" that warrant dismissal. Neitzke v. Williams, 490 U.S. 319, 328 (1989). Accordingly,

/ rJ I this complaint will be dismissed under 28 U.S.C. § 1915(e)(2)(B)(i) (requiring dismissal of

frivolous complaints that are filed by plaintiffs proceeding in forma pauperis).

A separate order accompanies this memorandum opinion.

Date: ~ ~ad!

-2-