UNGER v. MCAVOY et al

Filing 3

Memorandum Opinion re 2 Order Dismissing Case as Frivolous. Signed by Judge James E. Boasberg on 10/28/2013. (lcjeb4)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

In Re: PEOPLE OF STATE OF NEW
YORK ex rel. GLENN RICHARD UNGER
Misc. No. 13-1205 (JEB)

MEMORANDUM OPINION
Pro se Plaintiff Glenn Richard Unger has filed a lengthy pleading that the Court cannot
decipher. Plaintiff refers to himself as “glenn richard of the Holy temple in Christ Jesus
appearing specially at superior jurisdiction (non-corporate),” and he labels his pleading a
“Confession of judgment in lieu of complaint” and an “Accelerated entry of judgment and
preservation of judicial records.” Pleading at 1. He asks “for entry by the clerk of court of a
confessed judgment on the books of the highest court to purge an ongoing state of insurrection
and judicial anarchy directed against the supreme court for the fourth judicial district of New
York . . . .” Id. at 2.
“Over the years this Court has repeatedly held that the federal courts are without power to
entertain claims otherwise within their jurisdiction if they 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) (citations and
internal quotations omitted); see also Best v. Kelly, 39 F.3d 328, 330-31 (D.C. Cir. 1994) (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). This is precisely what the Complaint alleges here.

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). Having reviewed Plaintiff=s submission, the Court concludes that few
factual contentions are identifiable and those that are contain no merit on their face. For this
reason, the case is frivolous and must be dismissed.

/s/ James E. Boasberg
JAMES E. BOASBERG
United States District Judge
Date: October 28, 2013

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