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Howell v. Howell

United States District Court, District of Columbia

May 19, 2014

Saladin Howell, Plaintiff,
v.
Saladin Howell d/b/a Debtor, Defendant.

MEMORANDUM OPINION

This matter is before the Court on review of plaintiff spro se complaint and application to proceed in forma pauperis. The application will be granted and the case will be dismissed pursuant to 28 U.S.C. § 1915A(b)(l) (requiring dismissal of a prisoner's case upon a determination that the complaint is frivolous).

Plaintiff is a prisoner at the Federal Correctional Institution in Glenville, West Virginia. Plaintiff and the defendant share the same name and the same address. Essentially, plaintiff is suing himself to satisfy a debt. The complaint presents the very type of fantastic or delusional scenarios warranting dismissal of the case 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). Furthermore, complaints, such as this one, that lack "an arguable basis in law and fact" are, too, subject to dismissal as frivolous. Brandon v. District of Columbia Bd. of Parole, 734 F.2d 56, 59 (D.C. Cir. 1984); see Crisafi v. Holland, 655 F.2d 1305, 1307-08 (D.C. Cir. 1981) ("A court may dismiss as frivolous complaints reciting bare legal conclusions with no suggestion of supporting facts, or postulating events and circumstances of a wholly fanciful kind."). A separate Order of dismissal accompanies this Memorandum Opinion.


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