Flores v. U.S. Senate Members

Opinion

FILED

UNI'I`ED STATES DISTRICT COURT

FoR THE DISTRICT oF CoLUMBIA MAY 2 1 2013 Clerk, U.S. District & Bankruptcy C0urts for the District of Columbla Xavier Flores, ) ) Plaintiff, ) ) v. ) Civil Action No. ug ~» @

) . The U.S. Senate Members, ) ) Defendants. ) )

MEMORANDUM OPINION

This matter is before the Court on review of plaintiff’ s pro se complaint and application to proceed in forma pauperis The Court will grant plaintiffs application to proceed in forma pauperis and will dismiss this action for lack of subject matter jurisdiction. See Fed. R. Civ. P. l2(h)(3) (requiring the court to dismiss an action "at any time” it determines that subject matter jurisdiction is wanting).

Plaintiff, a homeless individual who submitted more than 30 cryptic complaints within the first two weeks of March alone, sues the United States Senate for its "failure to address the nation’s solution to its problems." Compl. at l. He demands an "evaluation of all the members of the U.S. Senate" and their "retraining." Id. at 2. The law is clear that "federal courts are without power to entertain claims otherwise within their jurisdiction if they are ‘so attenuated and unsubstantial as to be absolutely devoid of merit.’ " Hagans v. Lavine, 415 U.S. 528, 536-7 (1974) (quoting Newburyport Water C0. v. Newburyport, 193 U.S. 56l, 579 (1904)); accord T00ley v. Napolitano, 586 F.3d l006, 1009 (D.C. Cir. 2009) ("A complaint may be dismissed on

jurisdictional grounds when it "is ‘patently insubstantial,’ presenting no federal question suitable 1

for decision.") (quoting Best v. Kelly, 39 F.3d 328, 330 (D.C. Cir. 1994). The instant complaint

satisfies this standard and, therefore, will be dismissed. A separate order accompanies this

Memorandum Opinion. z j

Date: May , 2013 United States District Judge