Knope, Kevin v. United States of America

Filing 12

ORDER dismissing this case as frivolous. The clerk of court is directed to close this case. Signed by District Judge William M. Conley on 5/15/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
KEVIN KNOPE,
Plaintiff,

OPINION and ORDER

v.
Case No. 16-cv-379-wmc
UNITED STATES OF AMERICA,
Defendant.

Pro se plaintiff Kevin Knope has filed a lawsuit against the United States of America,
accusing the federal government of “treason.” Knope is proceeding without prepayment of
the filing fee, so his complaint is before the court for screening under 28 U.S.C. § 1915(e)(2).
In addressing any pro se litigant’s complaint, the court must construe the allegations
generously.

See Haines v. Kerner, 404 U.S. 519, 521 (1972).

Even under this lenient

standard the court concludes that this case must be dismissed as frivolous.
Knope claims that he is suing under 18 U.S.C. § 2381, which criminalizes treasonous
acts committed by those owing allegiance to the United States. Knope alleges no specific
facts to support his claims of treason or any other wrongdoing by the United States
government. Even if he had, § 2381 is enforced by federal law enforcement and provides for
criminal punishments; it does not create a private cause of action that may be enforced by a
private citizen. For these reasons, Knope’s complaint will be dismissed.

ORDER
IT IS ORDERED that this case is DISMISSED as frivolous. The clerk of court is
directed to close this case.
Entered this 15th day of May, 2017.
BY THE COURT:

WILLIAM M. CONLEY
District Judge

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