United States District Court, District of Columbia
May 21, 2013
Xavier Flores, Plaintiff,
The U.S. Senate Members, Defendants
Amy Berman Jackson, United States District Judge.
This matter is before the Court on review of plaintiff's pro se complaint and application to proceed in forma pauperis. The Court will grant plaintiff's application to proceed in forma pauperis and will dismiss this action for lack of subject matter jurisdiction. See Fed.R.Civ.P. 12(h)(3) (requiring the court to dismiss an action " at any time" it determines that subject matter jurisdiction is wanting).
Plaintiff, a homeless individual who submitted more than 30 cryptic complaints within the first two weeks of March alone, sues the United States Senate for its " failure to address the nation's solution to its problems." Compl. at 1. He demands an " evaluation of all the members of the U.S. Senate" and their " retraining." Id. at 2. The law is clear that " 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.' " Hagans v. Lavine, 415 U.S. 528, 536-7, 94 S.Ct. 1372, 39 L.Ed.2d 577 (1974) (quoting Newburyport Water Co. v. Newburyport, 193 U.S. 561, 579, 24 S.Ct. 553, 48 L.Ed. 795 (1904)); accord Tooley v. Napolitano, 586 F.3d 1006, 1009, 388 U.S. App. D.C. 327 (D.C. Cir. 2009) (" A complaint may be dismissed on jurisdictional grounds when it " is 'patently insubstantial,' presenting no federal question suitable for decision." ) (quoting Best v. Kelly, 39 F.3d 328, 330, 309 U.S. App. D.C. 51 (D.C. Cir. 1994). The instant complaint satisfies this standard and, therefore, will be dismissed. A separate order accompanies this Memorandum Opinion.