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FILED
UNITED STATES DISTRICT COURT JUN- 7 2012
FOR THE DISTRICT OF COLUMBIA Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia
MICHAEL ANTHONY WEBB, )
)
Plaintiff, )
)
v. )
)
Civil Action No.
12 0923
CENTRAL INTELLIGENCE )
AGENCY, )
)
Defendant. )
MEMORANDUM OPINION
This matter comes before the Court on review of the plaintiffs application to proceed in
forma pauperis and pro se civil complaint. The Court will grant the application, and dismiss the
complaint.
Plaintiff allegedly has been "subjected to Conspiritorial [sic] Racial Hatred Activity,"
Com pl. at 1, at the hands of Central Intelligence Agency and Sony Pictures Entertainment
personnel, see id. at 2. Among other actions, unidentified individuals have tried "to kill him ...
by injecting him with deadly viruses;" they have "suffocate[ed] him to install mini bugs inside
him;" and they have used "satellites to laser him, and to shock him, and also to static charge
him." !d. For these and other injuries, plaintiff"urgently demand[s] Emergency Relief by any
means necessary, to prevent him from being subjected to the above described conspiratorial
racial hatred activity." !d. at 4.
The Court must dismiss a complaint if it is frivolous, malicious, or fails to state a claim
upon which relief can be granted. 28 U.S.C. §§ 1915(e)(l )(B), 1915A(b)(1). In Neitzke v.
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Williams, 490 U.S. 319 (1989), the Supreme Court states that the trial court has the authority to
dismiss not only claims based on an indisputably meritless legal theory, but also claims whose
factual contentions are clearly baseless. Claims describing fantastic or delusional scenarios fall
into the category of cases whose factual contentions are clearly baseless. !d. at 328. The trial
court has the discretion to decide whether a complaint is frivolous, and such finding is
appropriate when the facts alleged are irrational or wholly incredible. Denton v. Hernandez, 504
U.S. 25, 33 (1992).
The Court is mindful that complaints filed by pro se litigants are held to less stringent
standards than those applied to formal pleadings drafted by lawyers. See Haines v. Kerner, 404
U.S. 519, 520 (1972). Having reviewed the plaintiff's complaint, the Court concludes that what
factual contentions are identifiable are baseless and wholly incredible. For this reason, the
complaint is frivolous and must be dismissed. See 28 U.S.C. § 1915(e)(l)(B).
An Order consistent with this Memorandum Opinion is issued separately.
United States District Judge
DATE: s I-> (I{~
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