Richardson v. Executive Committee(s) (Years: 1985-2010) of the United States District Court for the Northern District of Illinois Eastern Division ( 2010 )

FILED
UNITED STATES DISTRICT COURT APR'l ;;10
FOR THE DISTRICT OF COLUMBIA Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia
ISRAEL K. GARTH RICHARDSON, )
)
Plaintiff, )
)
v. ) Civil Action No. 10 0624
)
EXECUTIVE COMMITTEE(S) )
(YEARS: 1985-2010) OF THE UNITED )
STATES DISTRICT COURT FOR THE )
NORTHERN DISTRICT OF ILLINOIS, et at., )
)
Defendants. )
MEMORANDUM OPINION
This matter comes before the court on review of the plaintiffs application to proceed in
forma pauperis and pro se civil complaint. The court will grant the application, and dismiss the
complaint.
The court must dismiss a complaint if it is frivolous, malicious, or fails to state a claim
upon which relief can be granted. 28 U.S.C. § 1915(e)(2)(B)(i). In Neitzke v. Williams, 490 U.S.
319 (1989), the Supreme Court held that trial courts have the authority to dismiss not only claims
based on an indisputably meritless legal theory, but also claims whose factual contentions are
clearly baseless. Claims describing fantastic or delusional scenarios fall into the category of
cases whose factual contentions are clearly baseless. !d. at 328. The court has the discretion to
decide whether a complaint is frivolous, and such finding is appropriate when the facts alleged
are irrational or wholly incredible. Denton v. Hernandez, 504 U.S. 25, 33 (1992).
The plaintiff seeks political asylum in the Netherlands because the defendants allegedly
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have deprived him of his constitutional rights, privileges and immunities through their
extrajudicial actions. See Compl. at 3-4. In his complaint, the plaintiff describes the purported
murders of his parents, a brother, and three sisters, see id. at 5, 7-9, and asserts that these
tragedies have befalling his family members because they are "African-descended Americans
whom [sic] have had their constitutional rights cancelled by extra-judicial actions and by
unconstitutional actions" of unidentified persons. Id. at 9 (internal quotation marks omitted). He
demands an order clarifying his citizenship and notifying the Netherlands of his desire for
political asylum, among other relief. Id. at 16-17.
The court is mindful that complaints filed by pro se litigants are held to less stringent
standards than those applied to formal pleadings drafted by lawyers. See Haines v. Kerner, 404
u.s. 519,520 (1972). Nevertheless, having reviewed the plaintiffs complaint, the court
concludes that its factual contentions are baseless and wholly incredible. For this reason, the
complaint is frivolous and must be dismissed. See 28 U.S.C. § 1915(e)(2)(B)(i).
An Order consistent with this Memorandum Opinion is issued separately.
~A,~
Um States Dlstnct Judge
DATE: ~ t( 2-()/O
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