Wallace v. Pence

• Court: District Court, District of Columbia
• Decided: January 4, 2017
• Docket: Civil Action No. 2017-0014
• Status: Published

Opinion

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Jimmy Wallace,

Plaintiff, Case: 1117-cv-00014

Assigned To : Unassigned Assign. Date ; 1/4/2017 Description: Pro Se Gen. Civi| (F Deck)

V.

Vice President-elect l\/like Pence,

\/\/\/\/\_/\./\/\_/\,/\/

Defendant.

l\/IEMGRANDUl\/[ OPINION

This matter is before the Court on its initial review of plaintiffs pro se complaint and application for leave to proceed informal pauperis Pursuant to 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint upon a determination that it, among other grounds, is frivolous 28 U.S.C. § 1915(e)(2)(B)(i).

Plaintiff is a resident of Washington, D.C., who has sued Vice President-elect l\/like Pence. The ten-page complaint consists of rambling statements about the recent presidential election and other random matters. Plaintiff seems to want to change the manner in which the vice president is selected, and he has “decided to challenge [Mr. Pence] to a debate[.]” Plaintiff proposes that if he Shows that he is “clearly more prepared to be vice president-by popular vote,” he "would ask that l\/lrs. Clinton have the office I’ve won.” Compl. at 2. prlaintiffis "unsuccessful, [he] would ask that emergency legislation to rename the vice president’s office ‘OLPUS,’ the officer named the Liaison, and l\/lrs. Clinton offered the position, based on the

popular vote.” Id. Plaintiff s “Dissertation,” id., continues in this manner.

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Complaints premised on fantastic or delusional scenarios or supported wholly by allegations lacking “an arguable basis either in law or in fact” are subject to dismissal under § l9l5(e) as frivolous Neitzke v. Wl'lliams, 490 U.S. 319, 325 (1989); see Besi v. Kelly, 39 F.3d 328, 330 (D.C. Cir. 1994) (a court may dismiss as frivolous “essentially fictitious” claims) (citations and internal quotation marks omitted); Crl'safl v. H()Iland, 655 F.2d 1305, 1307-08 (D.C. Cir, l981) (“A court may dismiss as frivolous complaints . . . postulating events and circumstances of a wholly fanciful kind.”). The instant complaint satisfies this standard; therefore, this case will be dismissed with prejudice A separate Order accompanies this

l\/Iemorandum Opinion.

/./’ /ZJ//»- //A//f% p¢/ UnitedVStates District Judge Date: January 3__, 2017