Marcusse v. Obama

• Court: District Court, District of Columbia
• Decided: May 17, 2010
• Docket: Civil Action No. 2010-0806
• Status: Published

Opinion

FILED Mmw72mu

C|Brk, U.S. Distrlct & Bankruptcy Courts for the Distrlct of Columbla

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

JANET MARCUSSE, Plaintiff, Civil Action No.

10 U806

) ) ) ) v. ) ) BARACK OBAMA, et a/., ) ) Defendants. ) MEMORANDUM OPINION

This matter is before the Count on initial review of plaintiff's application to proceed in forma pauperis and pro se complaint. The application will be granted, and the complaint will be dismissed.

Plaintiff currently is serving a 25-year term of imprisonment. See United States v. F/ynn, 265 Fed. Appx. 434, 439 (6th Cir.) (affirming convictions on charges of mail fraud, conspiracy, and money laundering in connection with the defendants' fraudulent investment scheme), cert. denied, 129 S. Ct. 316 (2008). In her complaint, she describes at length the criminal proceedings against her, including post-conviction proceedings, and likens them to proceedings to which enemy combatants are subjected. See, e.g., Compl. 1111 39, 42, 50. She demands a declaratory judgment "as to . . . whether . . . she has ever been classified, profiled, designated, or treated as a belligerent, unlawful belligerent, unlawful combatant, enemy combatant,

terrorist, alien, or other similar label, and/or if such a classification or

designation is currently pending, including in secret ex part proceedings."

Id. at 31 (internal quotation marks omitted).

The Federa| Rules of Clvil Procedure require that a complaint contain "`a short and plain statement of the claim showing that the pleader is entitled to relief,’ in order to ‘give the defendant fair notice of what the . . . claim is and the grounds upon which it rests[.]"' Be//At/. Corp. v. Twomb/y, 550 U.S. 544, 555 (2007) (quoting Con/ey v. Gibs0n, 355 U.S. 41, 47 (1957)). Further, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face."’ Ashcroft v. Iqba/, 129 S.Ct. 1937, 1949 (2009) (quoting Twomb/y, 550 U.S. at 570). A claim is facially plausible "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id., 129 S.Ct. at 1949 (quoting Twomb/y, 550 U.S. at 556).

The Court has reviewed the plaintiff’s complaint and concludes that it lacks a facially plausible claim. Accordingly, because the complaint fails to state a claim upon which relief can be granted, the Court will dismiss this action. $ee 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1). An Order accompanies this Memorandum Opinion.

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United States District Judge

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