Burns v. UNITED STATES OF AMERICA et al
Filing
16
OPINION AND ORDER Plaintiff's complaint is DISMISSED as frivolous. Case terminated on May 1, 2012.(Signed by Judge Melinda Harmon) Parties notified.(htippen, )
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DEBORAH BURNS
Plaintiff
VS.
UNITED STATES OF AMERICA
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CIVIL ACTION NO. 4:11-CV-2005
OPINION AND ORDER
The Court now moves on its own motion to dismiss Plaintiff Deborah Burns’ case against
all Defendants. This Court may dismiss a complaint filed in forma pauperis under 28 U.S.C. §
1915(e)(2)(B)(1) if the Court is “satisfied that the action is frivolous or malicious.” A complaint
is frivolous if it lacks an arguable basis in law or fact. Denton v. Hernandez, 504 U.S. 25 (1989).
A complaint lacks an “arguable basis in law” if it is based on an indisputably “meritless legal
theory,” e.g., because defendants are absolutely immune from suit, or the complaint asserts a
violation of a legal interest that does not exist, or the action is clearly barred by limitations. See,
e.g., Allison v. Kyle, 66 F.3d 71 (5th Cir. 1995); Alfred v. Corrections Corp. of America, No. 0930614, 2011 WL 2201188, *2 (5th Cir. June 7, 2011).
The Court may dismiss factual allegations that are “‘clearly baseless,’” “‘fanciful,’” or
“‘delusional.’” Alfred, 2011 WL 2201188 at *2 (citing Denton v. Hernandez, 504 U.S. 25, 32-33
(1992). “[A] finding of factual frivolousness is appropriate when the facts alleged rise to the
level of the irrational or the wholly incredible, whether or not there are judicially noticeable facts
available to contradict them.” Id., (citing Denton, at 33).
Deborah Burns asserts claims against the United States, the United States Drug
Enforcement Agency (“DEA”), and “United Stated Military Veterans Raybourn Ward Hendricks
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of United State Marines Veteran Military [sic]” arising out of an allegedly illegal sentence of
incarceration and probation imposed after a criminal trial in the Eastern District of Wisconsin.
See No. 90-cr-198. Burns apparently has been contesting various issues from that criminal trial in
the Eastern District and unsuccessfully has sought review of the trial or sentence before the
Seventh Circuit Court of Appeals and the United States Supreme Court. See Doc. 1 at 22, 23.
She has now appeared before this Court seeking further review of those matters and requesting
$250 million in damages and $2 billion in lost wages.
Burns’ attack on her prior conviction is not cognizable in this Court, nor has Burns
alleged any set of facts that would suggest a violation of her civil rights committed by any named
Defendant. The Court finds that Burns’ complaint lacks any basis in law and therefore should be
dismissed.
Conclusion
For the foregoing reasons, the Court hereby
ORDERS that Deborah Burn’s complaint is DISMISSED pursuant to § 1915(e) as
frivolous.
SIGNED at Houston, Texas, this 1st day of May, 2012.
___________________________________
MELINDA HARMON
UNITED STATES DISTRICT JUDGE
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