ALEXIS v. NAPOLITANO et al
Filing
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MEMORANDUM OPINION Signed by Judge Ellen S. Huvelle on 9/6/2011. (ls, )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Bayne Alexis,
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Plaintiff,
v.
Hon. Janet Napolitano et al.
Defendants.
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Civil Action No.
11 1t:i2fi
MEMORANDUM OPINION
This matter is before the Court on review of plaintiff s pro se complaint and application
to proceed in forma pauperis. The application will be granted and the complaint will be
dismissed pursuant to 28 U.S.c. § 1915(e)(2)(B)(i) (requiring dismissal ofa complaint upon a
determination that the complaint, among other grounds, is frivolous).
Plaintiff is a resident of Trinidad and Tobago suing under 28 U.S.c. § 1350, commonly
referred to as the Alien Tort Claims Act ("ATCA") or the Alien Tort Statute (,'ATS"). The
complaint barely satisfies the minimal pleading requirements of Rule 8(a) of the Federal Rules of
Civil Procedure, but the court documents attached to the complaint show that plaintiff, a native
of Trinidad and Tobago, was deported as a result of his conviction of an aggravated felony.
Plaintiff appears to allege that the denial of social security benefits based on his removal amounts
to torture. See Compi. at 2. The A TS defines torture as, inter alia, causing "severe [mental or
physical] pain or suffering," and it explicitly excludes "pain or sutTering arising only from or
inherent in, or incidental to, lawful sanctions." 28 U.S.C. § 1350 note, § 3(b).
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Complaints that lack "an arguable basis in law and fact" are subject to dismissal as
frivolous. Brandon v. District 0/ Columbia Bd. o/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 ... ."). The
instant complaint satisfies the foregoing standard and, thus, will be dismissed as frivolous. A
separate Order accompanies this Memorandum Opinion.
Date: September
~
,2011
United States District Judge
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