Stevens v. Department of Health and Human Services
This text of Stevens v. Department of Health and Human Services (Stevens v. Department of Health and Human Services) 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
FILED DEC .~ 8 2009 UNITED STATES DISTRICT COURT Clerk, U.S. District ana FOR THE DISTRICT OF COLUMBIA Bankruptcy Courts
) Tommy Lee Stevens, ) ) Plaintiff, ) ) v. ) ) Civil Action No. 09 2328 Dep't of Health and Human Services et al., ) ) Defendants. )
MEMORANDUM OPINION
Before the Court is the plaintiffs pro se complaint and application to proceed informa
pauperis. The application will be granted and the complaint will be dismissed.
The plaintiff alleges that in November 1994 he was implanted with a microchip-like
device, after which he "began hearing voices and having other problems with [his] body."
Compl. at 1. He "[knows] that the people responsible for having [him] implanted [are] locked
onto the chip and [are] transmitting to [him]," and know everything he is thinking. Id. at 1-2.
The monitors control his body and also transmit signals to him that cause him great pain. Id.
at 2. As a consequence of the implanted device, and because the federal defendant has not
responded appropriately to a FOIA request on how such implanted devices work, id. at 3, the
plaintiff has brought this "Federal False Claims Act," to obtain a fair and impartial Congressional
investigation of the matter. Compl. at 1,5.
A complaint such as this one that describes fantastic or delusional scenarios is subject to
immediate dismissal. See Neitzke v. Williams, 490 U.S. 319, 328 (1989); Best v. Kelly, 39 F.3d
328,330-31 (D.C. Cir. 1994). Moreover, a complaint may be dismissed as frivolous when it lacks "an arguable basis in law and fact." Brandon v. District a/Columbia Bd. a/Parole, 734
F.2d 56, 59 (D.C. Cir. 1984). Accordingly, this complaint . b~e....-__
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