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White v. Obama

United States District Court, District Circuit

May 30, 2013

Donald White, Plaintiff,
v.
Barack H. Obama, Defendant.

MEMORANDUM OPINION

This matter is before the Court on its initial review of plaintiff spro se complaint and application for leave to proceed in forma 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, a resident of Pittsburgh, Pennsylvania, sues President Barack H. Obama for "Extortion, " "2012 Presidential Election Ballot Tampering, " "Coersion [sic], " "Harrassment [sic] via telephone/internet, " and Counterfeiting IRS checks." Compl. 6. He alleges "that the defendant has possessed un-controlled substances that were maliciously set forth ... upon the plaintiff and John Dyvinski to cause Mr. Dyvinski mis-coloration and severe irrations [sic] upon his face ...." Id. ¶ 5. Plaintiff identifies Dyvinski as "a licensed professional conducting business for and with the Dallas Mavericks, " who allegedly became "acquainted" with plaintiff "subsequent to a prospective employer-employee relationship which is maliciously attacked by the defendant." Id. ¶¶ 2-3. Plaintiff states that the foregoing listed causes "are unrelated to the category of personal injury." Id. ¶ 6.

The complaint presents the type of fantastic or delusional scenarios warranting dismissal of the case under § 1915(e) as frivolous. See Neitzke v. Williams, 490 U.S. 319, 325 (1989); Best v. Kelly, 39 F.3d 328, 330-31 (D.C. Cir. 1994); see also Crisafi v. Holland, 655 F.2d 1305, 1307-08 (D.C. Cir. 1981) ("A court may dismiss as frivolous complaints . .. postulating events and circumstances of a wholly fanciful kind."). A separate Order of dismissal accompanies this Memorandum Opinion.


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