Patel v. United States of America
This text of Patel v. United States of America (Patel v. United States of America) is published on Counsel Stack Legal Research, covering District Court, District of Columbia 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 FOR THE DISTRICT OF COLUMBIA
RAJ K. PATEL, ) ) Plaintiff, ) ) v. ) Civil Action No. 24-00308 (UNA) ) ) THE UNITED STATES et al, ) ) ) Defendants. )
MEMORANDUM OPINION
This action, brought pro se, is before the Court on review of Plaintiff’s Complaint, ECF
No. 1, and application to proceed in forma pauperis, ECF No. 2. The Court will grant the
application and dismiss the complaint.
Plaintiff, a resident of Indianapolis, Indiana, brings this suit against the United States,
President Joe Biden, United States Secretary of State, and the United States Chief of Protocol,
Compl. Caption, and demands “the sum of $40,000,000[,]” Compl. ¶ 4. Plaintiff alleges: “This
is enforcement of the peace treaty of the Glorious Revolution and our National Character.” Id. ¶
3. He asserts that “[m]any communities have bowing and curtesy . . . rituals to their parents and
elders” and that “said greetings are disrespectful to protocol of the United States Constitution.”
Id. ¶¶ 1-2. Plaintiff further alleges that “[l]awyers and state figures should not follow” such
rituals and “[l]awful student government presidents . . . are exempt but may receive the
greetings.” Id. ¶ 2. In “Claim 1 (Due Process)” and “Claim 2 (Invasion of Federal Privacy),” he
claims that Defendants “are unconstitutionally allowing these anti-statist religious practices to
come to an end” and “[d]ue process requires that the Defendants build cultural capacity of bringing such greeting practices to an end.” Id. ¶¶ 5-6. Finally, Plaintiff alleges that the greeting
“practices have caused [him] psychological pain and social burden and comfort.” Id. ¶ 7.
Complaints, as here, that are supported wholly by allegations lacking “an arguable basis
either in law or in fact” may be dismissed as frivolous. Neitzke v. Williams, 490 U.S. 319, 325
(1989). The term frivolous “embraces not only the inarguable legal conclusion, but also the
fanciful factual allegation.” Id. The Court will, accordingly, dismiss the instant complaint
pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), which requires immediate dismissal of a frivolous
action.
A separate order will issue.
_________/s/_____________ RANDOLPH D. MOSS Date: March 15, 2024 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
Patel v. United States of America, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patel-v-united-states-of-america-dcd-2024.