NAILLIEUX v. UNITED STATES OF AMERICA CHAIN OF COMMAND

Filing 3

MEMORANDUM OPINION. Signed by Judge Ketanji Brown Jackson on 11/16/2020. (zsb)

Case 1:20-cv-03265-UNA Document 3 Filed 11/16/20 Page 1 of 1

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JASON WAYNE NAILLIEUX,
Plaintiff,
v.
UNITED STATES OF AMERICA
CHAIN OF COMMAND,
Defendant.

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Civil Action No. 20-3265 (UNA)

MEMORANDUM OPINION
The trial 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. See Denton v.
Hernandez, 504 U.S. 25, 33 (1992); Neitzke v. Williams, 490 U.S. 319, 325 (1989) (“[A]
complaint, containing as it does both factual allegations and legal conclusions, is frivolous where
it lacks an arguable basis either in law or in fact.”). Having reviewed the complaint and its
exhibits carefully, the Court concludes that what factual contentions are identifiable are baseless
and wholly incredible.
The Court will grant plaintiff’s application to proceed in forma pauperis and will dismiss
the complaint as frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i). An Order consistent with this
Memorandum Opinion is issued separately.
DATE: November 16, 2020

/s/
KETANJI BROWN JACKSON
United States District Judge