FILED
5/3/2021
UNITED STATES DISTRICT COURT Clerk, U.S. District & Bankruptcy
FOR THE DISTRICT OF COLUMBIA Court for the District of Columbia
ROBERT JAMES SWINT, )
)
Plaintiff, )
)
v. ) Civil Action No. 21-1145 (UNA)
)
FEDERAL BUREAU OF )
INVESTIGATION, et al., )
)
Defendants. )
MEMORANDUM OPINION
This matter is before the Court on its initial review of the plaintiff’s pro se complaint and
application for leave to proceed in forma pauperis. Under the statute governing in forma
pauperis proceedings, the Court is required to dismiss a case “at any time” it determines that the
action is frivolous, malicious, or fails to state a claim upon which relief may be granted. 28
U.S.C. § 1915(e)(2).
Upon careful review of the complaint, the Court concludes that its factual allegations are
irrational or wholly incredible, rendering this case subject to dismissal as frivolous. See Denton
v. Hernandez, 504 U.S. 25, 33 (1992) (“[A] finding of factual frivolousness is appropriate when
the facts alleged rise to the level of the irrational or the wholly incredible[.]”); Neitzke v.
Williams, 490 U.S. 319, 325 (1989) (“[A] complaint, containing as it does both factual
allegations and legal conclusions, is frivolous where it lacks an arguable basis either in law or in
fact.”); Crisafi v. Holland, 655 F.2d 1305, 1307–08 (D.C. Cir. 1981) (“A court may dismiss as
frivolous complaints . . . postulating events and circumstances of a wholly fanciful kind.”).
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The Court will grant plaintiff’s application to proceed in forma pauperis and will dismiss
the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). An Order consistent with this
Memorandum Opinion is issued separately.
/s/
TIMOTHY J. KELLY
United States District Judge
DATE: May 3, 2021
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