Kuzner et al v. O'Maaley et al

Filing 3

MEMORANDUM. Signed by Judge George Jarrod Hazel on 9/3/2014. (c/m 9/3/14 rs) (rss, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
DR. ROBERT A. KUZNER, JR.,
DR. ROBERT KUZNER, and
THE HON. MRS. ROBERT KUZNER

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Plaintiffs

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v

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MARTIN O'MAALEY,
MARYLAND STATE ATTORNEY
GENERAL'S OFFICE, and
JOHN J. McCARTHY

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Civil Action No. GJH-14-2700

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Defendants

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MEMORANDUM
The above-captioned complaint was filed on August 21, 2014, together with a motion to
proceed in forma pauperis.

ECF 1 and 2. Because he appears to be indigent, plaintiff's motion

shall be granted.
The complaint, consisting of 44 pages of single-spaced typing, states that plaintiffs reside
"under a perpetual United States Federal Bureau of Investigation's
an assignment

of five federal undercover

Securities & Exchange Commission's

federal protective order with

agents mandated in 2007 by the United States

enforcement division."

ECF 1 at p. 1. The only plaintiff

to sign the complaint, Dr. Robert A. Kuzner, Jr., claims that his father, Dr. Robert Kuzner, died
on July 2, 2002, was "resurrected by Leslie Holt and Carla Holt" and "has been prosecuted and
convicted by Curtis Zeager."

Id. at p. 4. Plaintiff Kuzner Jr. asserts he is entitle to dismissal of

pending violation of probation charges and claims numerous instances of falsified testimony,
perjured documents, and other fantastic allegations to include assertions that no probable cause
was established for his involuntary admission to a hospital. Id. at pp. 7 - 13.

A complaint that is totally implausible or frivolous, such as this, may be dismissed sua
sponte for lack of subject matter jurisdiction pursuant to Fed R. Civ. P 12 (b)(l). See Apple v.
Glenn, 183 F.3d 477 (6th Cir. 1999); 0 'Connor v. United States, 159 F.R.D. 22 (D. Md. 1994);
see also Crowley Cutlery Co. v. United States, 849 F.2d 273, 277 (7th Cir. 1988) (federal district
judge has authority to dismiss a frivolous suit on his own initiative).

Clearly the allegations

asserted by plaintiff are the product of fantasy or delusional thinking that cannot be addressed by
this court. Plaintiff has not provided any information that might lead to a reasonable conclusion
that some plausible cause of action has accrued on his behalf as to the defendants named in this
complaint or regarding the matters covered in the complaint.
A separate order follows.

k/£--

9/3/2O/i

y

George Jarroa Hazel
United States District Judge

Date

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