John Degrazia v. FBI , 316 F. App'x 172 ( 2009 )


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  •                                                                                                                            Opinions of the United
    2009 Decisions                                                                                                             States Court of Appeals
    for the Third Circuit
    3-12-2009
    John Degrazia v. FBI
    Precedential or Non-Precedential: Non-Precedential
    Docket No. 08-3301
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    Recommended Citation
    "John Degrazia v. FBI" (2009). 2009 Decisions. Paper 1748.
    http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1748
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    NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    ___________
    No. 08-3301
    ___________
    JOHN SEBASTIAN DEGRAZIA,
    Appellant
    v.
    FEDERAL BUREAU OF INVESTIGATION, THE;
    DEPARTMENT OF DEFENSE, THE
    __________________________
    Appeal from the United States District Court
    for the District of New Jersey
    (D.C. Civil No. 08-cv-01009)
    District Judge: Honorable Mary L. Cooper
    __________________________
    Submitted for Possible Summary Action Pursuant to
    Third Circuit LAR 27.4 and I.O.P. 10.6
    January 15, 2009
    Before: RENDELL, HARDIMAN and ROTH, Circuit Judges
    (Filed: March 12, 2009)
    _________
    OPINION OF THE COURT
    _________
    PER CURIAM
    John DeGrazia, a litigant proceeding pro se, filed an action against the Federal
    Bureau of Investigation and Department of Defense alleging that, at the age of four, he
    was the victim of a government-run, Nazi-designed genetic experiment which caused his
    body to combine with reptile DNA, and that he has since experienced harmful side effects
    which pose a threat to others. DeGrazia paid the filing fee for his complaint. The District
    Court dismissed DeGrazia’s complaint for failure to state a claim upon which relief can
    be granted, pursuant to Federal Rule of Civil Procedure 12(b)(6). This appeal followed.
    We have jurisdiction pursuant to 28 U.S.C. § 1291, and our review of a decision made
    pursuant to Rule 12(b)(6) is plenary. See Umland v. PLANCO Fin. Servs., 
    542 F.3d 59
    ,
    63 (3d Cir. 2008). We may affirm on any grounds supported by the record. See Hughes
    v. Long, 
    242 F.3d 121
    , 122 n.1 (3d Cir. 2001).
    The District Court liberally construed DeGrazia’s pro se complaint, but concluded
    that it is frivolous because it relies on “fantastic or delusional scenarios.” Neitzke v.
    Williams, 
    490 U.S. 319
    , 328 (1989). However, the standard for dismissal of a complaint
    as “frivolous” under the in forma pauperis statute, as articulated in Neitzke, does not
    apply to DeGrazia’s complaint because he paid the filing fees and did not proceed in
    forma pauperis. See Grayson v. Mayview State Hosp., 
    293 F.3d 103
    , 109 & n.10 (3d Cir.
    2002). Rule 12(b)(6), the basis for the District Court’s dismissal of DeGrazia’s
    complaint, merely “authorizes a court to dismiss a claim on the basis of a dispositive issue
    of law,” 
    Neitzke, 490 U.S. at 326
    . It “does not countenance [] dismissals based on a
    judge’s disbelief of a complaint’s factual allegations. District court judges looking to
    dismiss claims on such grounds must look elsewhere for legal support.” 
    Id. at 327.
    2
    Nevertheless, we conclude that dismissal was appropriate. A federal court may
    sua sponte dismiss a complaint for lack of subject matter jurisdiction pursuant to Federal
    Rule of Civil Procedure 12(b)(1) when the allegations within the complaint “are so
    attenuated and unsubstantial as to be absolutely devoid of merit, . . . wholly insubstantial,
    . . . obviously frivolous, . . . plainly unsubstantial, . . . or no longer open to discussion.”
    Hagans v. Lavine, 
    415 U.S. 528
    , 536-37 (1974) (internal citations and quotation marks
    omitted). There is no question that DeGrazia’s claims meet this standard, as they rely on
    fantastic scenarios lacking any arguable factual basis. On appeal, DeGrazia’s sole
    argument is that the matter should be remanded to the District Court because the order
    and opinion dismissing his case was the product of undue influence exerted by attorneys
    for the Appellees. This alleged conspiracy – which DeGrazia offers no credible evidence
    to support – only serves to bolster the District Court’s conclusion. Because the appeal
    does not present a substantial question, we will affirm the decision of the District Court.
    See 3d Cir. LAR 27.4; 3d Cir. IOP 10.6. The motion to remand is denied.
    3