Shallow v. United States
This text of Shallow v. United States (Shallow v. United States) 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
SEAN SHALLOW, ) ) Plaintiff, ) ) Civil Action No. 1:26-cv-01786 (UNA) v. ) ) ) UNITED STATES OF AMERICA, ) ) ) Defendant. )
MEMORANDUM OPINION
This matter is currently before the Court on consideration of Plaintiff’s Complaint, ECF
No. 1, and Application for Leave to Proceed in forma pauperis (“IFP”), ECF No. 2. Upon review,
the Court grants Plaintiff’s IFP Application, and for the reasons explained below, it dismisses this
matter without prejudice.
Plaintiff, who purports to be a “DEA Group Leader” and Chief of the United Nations, sues
the United States. The allegations are difficult to understand, presented in run-on paragraphs with
stream-of-consciousness styled anecdotes, spanning decades, presented as evidence of multiple
conspiracies orchestrated against him by his mother, the federal government, and others, with the
intent to, inter alia, murder him, impersonate him, attack him, steal his property, falsely arrest him,
“usurp” him, and engage in other “wicked evil things.”
Applicable here, a “complaint must contain sufficient factual matter, accepted as true, to
‘state a claim to relief that is plausible on its face,’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
(quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)), and a complaint that lacks “an
arguable basis either in law or in fact” is frivolous. Neitzke v. Williams, 490 U.S. 319, 325 (1989).
Moreover, a federal court cannot exercise subject matter jurisdiction over a frivolous complaint. Hagans v. Lavine, 415 U.S. 528, 536–37 (1974) (“Over the years this Court has repeatedly held
that the federal courts are without power to entertain claims otherwise within their jurisdiction if
they are ‘so attenuated and unsubstantial as to be absolutely devoid of merit.’”) (quoting
Newburyport Water Co. v. Newburyport, 193 U.S. 561, 579 (1904))); Tooley v. Napolitano, 586
F.3d 1006, 1010 (D.C. Cir. 2009) (examining cases dismissed “for patent insubstantiality,”
including where the plaintiff allegedly “was subjected to a campaign of surveillance and
harassment deriving from uncertain origins”). A court may dismiss a complaint as frivolous “when
the facts alleged rise to the level of the irrational or the wholly incredible,” Denton v. Hernandez,
504 U.S. 25, 33 (1992), or “postulat[e] events and circumstances of a wholly fanciful kind,” Crisafi
v. Holland, 655 F.2d 1305, 1307–08 (D.C. Cir. 1981). The instant Complaint falls squarely into
this category.
Accordingly, this matter is dismissed without prejudice. See 28 U.S.C. § 1915(e)(2)(B)(i).
A separate Order accompanies this Memorandum Opinion.
Date: June 16, 2026
Tanya S. Chutkan TANYA S. CHUTKAN United States District Judge
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