Trevino, Reynaldo v. United State(s) et al

Filing 2

ORDER dismissing this case with prejudice as both legally and factually frivolous. Signed by District Judge William M. Conley on 10/1/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

REYNALDO TREVINO,
Plaintiff,

OPINION AND ORDER

v.

12-cv-131-wmc
UNITED STATES, et al.,
Defendant.
Plaintiff Reynaldo Trevino has filed a civil rights complaint under 42 U.S.c. § 1983.
He has not paid the filing fee or requested leave to proceed in Jonna pauperis. Because
Trevino was in state custody when he filed the complaint, this case is pending before the
court for screening pursuant to 28 U.S.c. § 1915A(b). Under this statute, the court must
dismiss the complaint if it is frivolous or malicious, fails to state a claim on which relief may
be granted, or seeks monetary relief against a defendant who is immune. 28 U.S.c.
§ 1915A(b). For reasons set forth briefly below, the court concludes that the complaint must

be dismissed because it fails to state a viable claim under this standard.

OPINION
When Trevino filed the complaint in this case, he was in custody of the Wisconsin
Department of Corrections at the Wisconsin Resource Center as the result of multiple felony
convictions from Winnebago and Sheboygan Counties for battery, reckless endangerment,
and use of a dangerous weapon. Trevino contends that he is a descendant of royalty under
the "Act to IGngship" and other unspecified rites of passage. Therefore, he asks this court
to declare him "IGng" or "Royal Arch IGng" and to alert the United States Census Bureau
of his status.

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In reviewing a pro se litigant's complaint under 28 U.S.c. § 1915A(b), the court must
read the pleadings generously. Haines v. Kerner, 404 U.S. 519, 521 (1972). Nevertheless,
a pro se complaint is subject to dismissal as frivolous if it lacks an arguable basis in fact or
law. Neitzke v. Williams, 490 U.S. 319, 325 (1989). A complaint lacks an arguable basis in
fact when the plaintiff's allegations are so "fanciful," "fantastic," and "delusional" as to be
"wholly incredible." Denton v. Hernandez, 504 U.S. 25, 32-33 (1992) (citing Neitzke, 490U.S.
at 325). A claim lacks an arguable basis in law if it is based on "an indisputably meritless
legal theory." Edwards v. Snyder, 478 F.3d 827,830 (7th Cir. 2007) (citing Neitzke, 490 U.S.
at 325).
Even under the most liberal interpretation, the complaint in this case fails to state a
claim with any basis in fact or law. Because the allegations in this case are fanciful in nature
and untethered to any plausible legal theory, Neitzke, 490 U.S. at 325, the complaint will be
dismissed as frivolous.

ORDER
IT IS ORDERED THAT the civil rights action filed by plaintiff Reynaldo Trevino is
DISMISSED with prejudice as both legally and factually frivolous.
Entered this

Jj-t-' day of October, 2012.
BY THE COURT:

Y/-~JlfIJ..DjlVl

M. CONLEY
ct Judge

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