Njos v. United States Government

• Court: District Court, District of Columbia
• Decided: July 29, 2013
• Docket: Civil Action No. 2013-1146
• Status: Published

Opinion

UNITED STATES DISTRICT COURT F I L E D FOR THE DISTRICT OF COLUMBIA

JUL 2 9 2013 SCOTT JOSEPH NJOS, ) Clerk, U.S. District and ) Bankruptcy Courts Plaintiff, ) ) v § C1v1l Action No. \®/ \ \ UNITED STATES GOVERNMENT, et al., ) ) Defendants. ) MEMORANDUM OPINION

This matter comes before the Court on review of the plaintiff’s application to proceed in forma pauperis and pro se civil complaint. The application will be granted, and the complaint

will be dismissed.

The Court must dismiss a complaint if it is frivolous, malicious, or fails to state a claim upon which relief can be granted. 28 U.S.C. §§ l9l5(e)(l)(B), l9l5A(b)(l). In Neitzke v. Willz`ams, 490 U.S. 319 (1989), the Supreme Court states that the trial court has the authority to dismiss not only claims based on an indisputably meritless legal theory, but also claims whose factual contentions are clearly baseless. Claims describing fantastic or delusional scenarios fall into the category of cases whose factual contentions are clearly baseless. Id. at 328. 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. Denlon v. Hernandez, 504

U.s. 25, 33 (1992).

The plaintiff, a federal prisoner, alleges that bonds were issued by a federal government agency on June l5, 2007, Compl. 11 6, and that his "living, breathing, flesh and blood body was placed as Surety on those bonds." Id. 11 8. The plaintiff not only demands "all profit, interest, . . . and ownership . . . of these bonds," ia’. 1 32, but also demands "a complete pardon," a "position in the Peace Corps," a "ZO-acre track [sic] of . . . land," ia’. 11 40, among other things. He also

demands his "[i]mmediate release from the judgment in this case (O7CR50036)." Id. 11 41.1

The Court is mindful that complaints filed by pro se litigants are held to less stringent standards than those applied to formal pleadings drafted by lawyers. See Haz`nes v. Kemer, 404 U.S. 519, 520 (1972). Having reviewed the plaintiffs complaint, the Court concludes that its factual contentions are identifiable are baseless and wholly incredible. The complaint is frivolous and it must be dismissed. See 28 U.S.C. §§ l9l5(e)(l)(B)(i), l9l5A(b)(l). An Order

consistent with this Memorandum Opinion is issued s »

United i§tates District Judge DATE:

W//j

l See generally United Slates v. Njos, No. 3:07-cr-50036 (N.D. Ill. filed June l5, 2007).