Robinson v. Obama

FILED UNITED STATES DISTRICT COURT FoR THE DISTRICT oF CoLUMB1A JAN 3 1 2012 Clerk, U.S. District & Bankruptcy ) Courts for the District of Columbia Katrina L. Robinson, ) ) Plaintiff, ) ) v_ ) civil A¢ti@n No. 12 {)]_52_ ) President Barack Obama et al., ) ' ) Defendants. ) ) MEMORANDUM OPINION This matter is before the Court on review of plaintiff s complaint and application for leave to proceed in forma pauperis The Court will grant the in forma pauperis application and dismiss the case pursuant to 28 U.S.C. § l9l5(e)(2)(B), which requires dismissal of a complaint that is found to be frivolous. Plaintiff is a resident of Richmond, Virginia, who is suing President Barack Obama and Pastor Tony Smith of Baltimore, Maryland. See Compl. Caption. The complaint is duplicative of the complaint in Civil Action 12-0073, which the Court dismissed as frivolous after denying plaintiffs equally frivolous motion for a temporary restraining order. See Robinson v. Obama, No. 12-73 (D.D.C. Jan. 18, 2012) [Doc. ## 4, 5]. As in the prior action, plaintiff alleges that Smith "has presented to numerous Police Departments and Media Outlets an Executive Order to force the Plaintiff (Katrina Robinson) a public prostitute." Compl. at l (parenthesis in original). According to plaintiff, "[t]he latest presentation" was at a shelter in San Antonio, Texas. Ia’. Plaintiff seems to claim that as a result of the alleged executive order, she is under surveillance by the FBI and "a group of people from Baltimore, MD" who allegedly is "promoting me as a prostitute across state lines." Id. She alleges that Smith "claims to have permission from the white house to publish naked pictures, false media to TV stations, offer satellite TV’s [sic] for public viewing and false newspaper articles (including Camden Yards, Walmart, and H.E.B. markets). Ia’. (parenthesis in original). In addition, plaintiff alleges that "[f]ootage is being distributed in several regions: MD, NC, TX, to judges, media and online[,] [and that] a Facebook group [is] dedicated to this effort." Id. She seeks, among other relief, "all documents issued by the President, his cabinet, or administration with my name identified as the person of interest . . . .," and "[a]ll documents distributed by Pastor Tony Smith, his membership, or business affiliates with my name identified as the person of interest . . . ." Ia'. at 2. A complaint may be dismissed under 28 U.S.C. § 1915(e)(2) as frivolous when, as found here, it describes fantastic or delusional scenari0s, or contains "fanciful factual allegation[s]." Neitzke v. Willz'ams, 490 U.S. 319, 325 (1989); see Best v. Kelly, 39 F.3d 328, 330-31 (D.C. Cir. l994). Furthermore, a complaint must be dismissed when, as also found here, it is so "patently insubstantia1" as to deprive the Court of subject matter jurisdiction. Tooley v. Napolitano, 586 F.3d l006, 1010 (D,C. Cir. 2009); accord Caldwell v. Kagcm, 777 F. Supp.2d 177, 178 (D.D.C. 201 1). A separate order of dismissal accompanies this Memorandum Opinion. Aa`/ U 1ted Sta istrict Judge Date: January _L/l, 2012 j /g,g,l,¢,»g