Burns v. Washington mutual/chase Bank

• Court: District Court, District of Columbia
• Decided: March 8, 2014
• Docket: Civil Action No. 2014-0431
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FI FOR THE DISTRICT 0F COLUMBIA L E D "AR ~i s 2014 GINNY RENE BURNS, ) C,erk U 5 ) Bar;kr. . District and Plainriff, ) "°t°" courts ) v. ) Civi1 Action No. , \ , \*t 45 WASHINGTON MUTUAL, et al. , ) ) Defendants. )

MEMORANDUM OPINION

The trial court has the discretion to decide whether a complaint is frivolous, and such finding is appropriate when the facts alleged are irrational or wholly incredible. Denton v. Hernandez, 504 U.S. 25, 33 (1992); see Neitzke v. Williams, 490 U.S. 319, 325 (l989) ("[A] 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."). Having reviewed the plaintiffs complaint, the Court concludes that what factual contentions are identifiable are baseless and wholly incredible. Furthermore, the allegations of the complaint "constitute the sort of patently insubstantial claims" that deprive the Court of subject matter jurisdiction. Tooley v. Napolitano,

586 F.zd 1006, 1010'(1).0. cir. 2009).

The Court will grant plaintiff’ s application to proceed in forma pauperis and will dismiss the complaint pursuant to 28 U.S.C. § l9l5(e)(l)(B). An Order consistent with this

Memorandum Opinion is issued separately.

DATE;

3 l q United States District Judge

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