Silbermann v. Shulkin

Filing 3

MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 8/28/2015. (c/m 8/28/2015 aos, Deputy Clerk)

. FILED
U.S. DISTRICT COURT
IN THE UNITED STATES DISTRICT e<mmiCT OF MARYLAND
FOR THE DISTRICT OF MARYLAND
Soulltl'm Dh.;.\';ou
1015 AUG28

CLERK'S OfFICE
AT GRr.EHBE~T

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.JOEL AARON SILBERMANN,
BY

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I'laintiff,

A IQ: 02

... [1UlITY

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Case No.: G.III-l S-2J 13

v.

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DAVID SHULKIN,

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Defendant.

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MEMORANDUM OPINION
Joel Aaron Silbermann.
2015. accompanied

a sell~represented

plaintiff. filed this Complaint

by a Motion to Proceed in Forma Pauperis.!

on August 7.

He will be granted leave to

proceed in fonna pauperis pursuant to 28 U.S.C. ~ 1915(a)( I) because his financial affidavit
indicates that his only source of income is disability payments.
Silbennann's

statement of facts reads:

I .Joel Aaron Silbermann E-l United States I avy am refusing war drali. Effectivc
imlllcdiatly I will use armed defence to protect the killing you do in Iraq and
Afganistan. Wherefore produce my [illegible] compclme. As an atlounley at law
under arrest to my trial. On or about 45 days have lapsed since written citation
was issued. Show just cause as to why the charges where reinstaded without just
cause. [illegible]. This is a writ ofhabius corpus the charges where dismissed as
[illegible] with prejudice by the state. Congress shall make no la\\' reguarding thc
freedom of religion choices as to my race gender or ethnic orgin.
ECF No. I at 22

t

Since August 6. 2015. Silbcnllann has filed eight civil actions in this Court.

:! The Court has transcribed the statement of facts as provided in the Complaint. without correcting typographical
errors.

Silbermann
imprisment:'
uniformed

is requesting

damages

and an order to "compcll

the Prcsident

service except one appointment

Irom naming David Shulkin as a defendant
Silberman

of $900 million, an injunction

"war dran and

to order my releasc or drali me into

an year. notified by certified mail." Id. at 3, Apart
in the caption of the Complaint.

nowhere docs

state a claim against him or even mention his name.

Silbermann's

Complaint

has been accepted

permits an indigent litigant to commence
fee. However.

fc)r filing under 28 U.S.c.

a court shall dismiss claims deemed frivolous.

A complaint

is "frivolous"

(1992). A "Ii'ivolous"

~ 1915, \\hich

an action in federal court without prepaying

claim upon which relief can be granted. See 28 U.S,c.

25.32

ordering

or that fail to state a

~ 1915(e)(2)(8)(i)-(ii),

when it is "c1early baselcss:'

claim lacks "an arguable

malieious

the filing

Denlon ", /fel"l1al1lle~, 504 U.S.

basis either in law or in fact:' Nei/~ke ,'.

Williams. 490 U,S. 319. 325 (1989). A claim lacks an arguable basis in law when it is "based on
an indisputably

merit less legal theory" and describes

"fililtastic or delusional

scenarios'"

Id, at

32728,
In screening
pleadings
represented

a complaint.

ofsell~represented
plaintitrs

a federal judge has an obligation

are assumed

U,S, 544. 55556 (2007). Nonetheless.

court. See lVeller

1'.

may not be premised

the

litigants. See Erick.wIIII'. /'a/"{Ius. 551 U,S, 89, 94 (2007), The sell~

allegations

clear failure in the pleading

10 liberally construe

to be true. Bell AJial1/ic Corp.

liberal construction

1'.

TlI"oll/h~1'.550

does not mean that a court can ignore a

to allege facts which set forth a claim cognizable

in a federal district

Dep'l I!fSOC. Sen's .. 90 I F,2d 387. 391 (4th Cir. 1990) ("Fcderal jurisdiction
on the mere citation of federal statutes. "): see also Beaudell

1'.

Cilyoj"

/fall/pIon.

775 F,2d 1274. 1278 (4th Cir. 1985) (stating a district court may not "conjurc

questions

never squarely

presented").

2

up

Even under the liberal standard accorded to self-represented litigants. Silbermann does
not state a cognizable claim, nor does he explain why he is pursuing an action against Defendant
in this Court. Accordingly, this case will be dismissed. Separate Order to follow.

Dated:

August 28, 2015

~E-L---United States District Judge

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