CARNES v. GORE et al, No. 1:2022cv02521 - Document 15 (D.D.C. 2022)
Court Description: MEMORANDUM AND OPINION. Signed by Judge James E. Boasberg on 11/30/2022. (znmw)
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CARNES v. GORE et al Doc. 15 Case 1:22-cv-02521-UNA Document 15 Filed 11/30/22 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA LISA KAREN MARIE CARNES, Plaintiff, v. ALBERT GORE et al., Defendants. ) ) ) ) ) ) ) ) ) ) Civil Action No. 22-2521 (UNA) MEMORANDUM OPINION Plaintiff, appearing pro se, has filed a Complaint, ECF No. 1, and an application to proceed in forma pauperis, ECF No. 2. The Court will grant the application and dismiss this action pursuant to 28 U.S.C. § 1915(e)(2)(B) (requiring immediate dismissal of a case upon a determination that the complaint is frivolous). Plaintiff, who apparently has no fixed address, has filed a complaint alleging that defendant Albert Gore has made defendant country singer Kim Carnes her “aunt a false sister of my adopted Dad Herbert Carnes a Willard Descendant of Uncle & Aunt Billy Willard and Mary both deceased for years.” ECF No. 1 at 1. The complaint, which also names as a defendant Senator Elizabeth Warren, continues in this incoherent manner. Plaintiff’s subsequent motions for a temporary restraining order (Dkt. 8), to amend the complaint (Dkt. 10), for discovery (Dkt. 14), and for default judgment (Dkt. 14) are equally baffling. 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 as frivolous. Neitzke v. Williams, 490 U.S. 319, 325 (1989); see Denton v. Hernandez, 504 U.S. 25, 1 Dockets.Justia.com Case 1:22-cv-02521-UNA Document 15 Filed 11/30/22 Page 2 of 2 33 (1992) (“[A] finding of factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible[.]”); Best v. Kelly, 39 F.3d 328, 330-31 (D.C. Cir. 1994) (a court may dismiss claims that are “essentially fictitious”-- for example, where they suggest “bizarre conspiracy theories . . . [or] fantastic government manipulations of their will or mind”) (citations and internal quotation marks omitted)); 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.”). The instant complaint satisfies this standard and thus will be dismissed by separate order. _________/s/_____________ JAMES E. BOASBERG United States District Judge Date: November 30, 2022 2
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