COLBERT v. HAMILTON COUNTY COURTHOUSE

Filing 3

MEMORANDUM OPINION Signed by Judge Ellen S. Huvelle on 5/25/2011. (ls, )

Download PDF
FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Antonio Colbert, Plaintiff, v. Hamilton County Courthouse, Defendant. ) ) ) ) ) ) ) ) ) MAY 3 1 2011 Clerk, u.s. District & Bankruptcy Coutts for the District ot Columbia Civil Action No. 11 1014 MEMORANDUM OPINION This matter is before the Court on its initial review of plaintiffs pro 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 District of Columbia resident, sues the county courthouse in Cincinnati, Ohio. In a single-paragraph complaint, plaintiff alleges that "for a 12 year period," defendant "robbed [him] of [his] 5th Amendment right' Due Process'! Enduring threw [sic] such hardship and malicious persecution." He seeks $60 million "in restitution." A complaint may be dismissed under 28 U.S.C. § 1915(e)(2) as frivolous when it describes fantastic or delusional scenarios, contains "fanciful factual aUegation[s]," Neitzke v. Williams, 490 U.S. 319,325 (1989), or lacks "an arguable basis in law and fact." Brandon v. District of Columbia Bd. of Parole, 734 F.2d 56,59 (D.C. Cir. 1984). This complaint qualifies for such treatment. A separate Order of dismissal accompanies this Memorandum Opinion. /" DATE: May; D / (l / ,2011 United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?