Patel v. United States of America

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

RAJ K. PATEL, )

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Plaintiff, )

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v. ) Civil Action No. 25-2383 (UNA)

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THE UNITED STATES, et al., )

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Defendants. )

MEMORANDUM OPINION

This matter is before the Court on its initial review of plaintiff’s application for leave to proceed in forma pauperis and his pro se complaint. The Court GRANTS the application and DISMISSES the complaint.

Under the statute governing in forma pauperis proceedings, the Court is required to dismiss a case “at any time” if it determines that the action is frivolous, malicious, or fails to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2). The Court has reviewed plaintiff’s complaint, as amended, and finds that its factual allegations, including assertions he received and rejected an appointment as a federal judge, see Compl. ¶¶ 13-14, and that “sabotage,” id. ¶ 29, caused him “to involuntarily become obese,” id., largely are incoherent, irrational or wholly incredible. As such, the complaint is subject to dismissal as frivolous. See Denton v. Hernandez, 504 U.S. 25, 33 (1992) (“[A] finding of factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible[.]”); Neitzke v. Williams, 490 U.S. 319, 325 (1989) (“[A] complaint, containing as it does both factual allegations and legal conclusions, is frivolous where it lacks an arguable basis either in law or in fact.”); Crisafi v. Holland, 655 F.2d

2

1305, 1307–08 (D.C. Cir. 1981) (“A court may dismiss as frivolous complaints . . . postulating events and circumstances of a wholly fanciful kind.”).

The Court will grant the application to proceed in forma pauperis and dismiss the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as frivolous. An Order is issued separately.

/s/

JIA M. COBB

United States District Judge DATE: August 11, 2025