Hall v. Trump
This text of Hall v. Trump (Hall v. Trump) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON DEBORA SUE HALL, Plaintiff, Case No. 3:20-cv-522 vs. DONALD TRUMP, et al., District Judge Michael J. Newman Defendants. ______________________________________________________________________________ ORDER: (1) GRANTING PRO SE PLAINTIFF’S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (DOC. 1); (2) DISMISSING PRO SE PLAINTIFF’S COMPLAINT (DOC. 1-2) AS FRIVOLOUS; (3) ORDERING THAT SERVICE OF PROCESS NOT ISSUE; AND (4) TERMINATING THIS CASE ON THE COURT’S DOCKET ______________________________________________________________________________ This civil case is before the Court This civil case is before the Court on pro se Plaintiff’s motion to proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915. Doc. 1. For good cause shown, the undersigned GRANTS Plaintiff’s motion. Doc. 1. Because Plaintiff is proceeding IFP, the Court is required to screen his complaint pursuant to 28 U.S.C. § 1915(e)(2) to determine whether it is “frivolous or malicious or fails to state a claim upon which relief may be granted.” Johnson v. City of Wakefield, 483 F. App’x 256, 260 (6th Cir. 2012); Brewer v. Cleveland Mun. Sch. Dist., 84 F. App’x 570, 571 (6th Cir. 2003). In his pro se complaint, Plaintiff alleges that the federal government “has surveillance on [her] and her family” that has been ongoing “for 20 years.” Doc. 1-2 at PageID 7. Plaintiff further claims that the government puts chemicals in her home, water, and food; urinates and excretes in her home; and has caused her a number of personal injuries to her -- including causing pressure in her head, her leg to break, and her teeth to fall out. Id. These allegations can aptly be characterized as “describing fantastic or delusional scenarios”; thus, satisfying the definition of frivolousness. Neitzke v. Williams, 490 U.S. 319, 325, 327-28 (1989). Accordingly, the undersigned finds that: (1) Plaintiff’s pro se complaint be DISMISSED as frivolous under 28 U.S.C. § 1915; (2) service of process not issue; and (3) this action be TERMINATED on the Court’s docket. IT IS SO ORDERED.
Date: January 6, 2021 s/ Michael J. Newman Michael J. Newman United States District Judge
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Hall v. Trump, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-trump-ohsd-2021.