Petrini v. Biden
Filing
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ORDER DENYING 2 APPLICATION TO PROCEED IN FORMA PAUPERIS AND DISMISSING THE COMPLAINT. The Clerk shall close the file. Signed by Magistrate Judge Howard R. Lloyd on 8/28/2012. (hrllc1, COURT STAFF) (Filed on 8/28/2012)
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** E-filed August 28, 2012 **
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
NOT FOR CITATION
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United States District Court
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SAN JOSE DIVISION
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DAVID PETRINI; BRAZIL AGENT 003,
Plaintiff,
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v.
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No. C12-04373 HRL
ORDER DENYING APPLICATION
TO PROCEED IN FORMA PAUPERIS
AND DISMISSING THE COMPLAINT
JOE BIDEN, VICE PRESIDENT,
REPRESENTING THE UNITED STATES
OF AMERICA,
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Defendant.
____________________________________/
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Plaintiff David Petrini has filed what he calls a “pay or quit” complaint against Vice
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President Joe Biden on behalf of the United States, alleging that the United States government owes
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him two billion dollars. Plaintiff contends that he, his two “guardians” and “their three cats . . . have
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been kidnapped into level 2 post post [sic] underground and we live in level 2.” Complaint p. 4.
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Although plaintiff’s complaint is extremely sketchy and unclear, it appears that he is alleging that
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the United States government stole plaintiff’s money and other assets and “illegally strip mined”
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him. Id. He demands that Vice President Biden “or his clone” meet the plaintiff on October 3, 2012
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for a “settlement mediation,” and that both Biden and the undersigned bring “nuclear medical PC
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ion boxes” to the October 3 meeting. Id. Plaintiff demands that the court order Biden, on behalf of
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the government, to pay plaintiff $2 billion at the “mediation.” Id. Plaintiff also notes that the person
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living at the residence he has listed as his mailing address is his clone. Plaintiff has applied to
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proceed in forma pauperis in this action. See Dkt. No. 2. Plaintiff has consented to magistrate judge
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jurisdiction for all purposes, including trial, pursuant to 28 U.S.C. § 636(c). Dkt. No. 5.
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A district court may deny in forma pauperis status and dismiss a complaint if it is frivolous.
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See 28 U.S.C. § 1915(d). A complaint is frivolous if “it lacks an arguable basis either in law or in
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fact.” Neitzke v. Williams, 490 U.S. 319, 325, 104 L. Ed. 2d 338, 109 S. Ct. 1827 (1989). The term
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“frivolous . . . embraces not only the arguable legal conclusion, but also the fanciful factual
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allegation.” Id. When determining whether to dismiss a complaint as “frivolous” under 28 U.S.C. §
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1915(e)(2)(B)(i), a court has “‘the unusual power to pierce the veil of the complaint’s factual
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allegations,’” meaning that it “is not bound, as it usually is when making a determination based
For the Northern District of California
United States District Court
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solely on the pleadings, to accept without question the truth of the plaintiff’s allegations.” Denton v.
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Hernandez, 504 U.S. 25, 32 (1992) (quoting Nietzke, 490 U.S. at 327). Pro se complaints are to be
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construed liberally. Haines v. Kerner, 404 U.S. 519, 520, 92 S. Ct. 594, 30 L. Ed. 2d 652 (1972).
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Petrini demands that this court order the federal government to pay him two billion dollars,
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and contends quite vehemently that “this case can not [sic] be denied.” He demands that a
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“settlement mediation” take place on October 3, 2012 and that both Vice President Biden (or his
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clone) and the judge in this matter appear with “nuclear medical PC ion boxe[s] on hand.”
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Complaint p. 4. He also attaches some documentation indicating that he has attempted to file suit in
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California state court and in the United States tax court, presumably to no avail. See Complaint pp.
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6-10. The substance of plaintiff’s allegations consists of the following: (1) he, along with three cats
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and two other individuals, has been kidnapped and now lives underground; (2) his clone lives at the
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residence listed as his mailing address; (3) the government stole $2 billion from him; and (4) his
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“mind is sonic transmitting until [he] get[s] the settlement.” Complaint pp. 4-5.
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The Ninth Circuit has expressly held that frivolous litigation “is not limited to cases in which
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a legal claim is entirely without merit . . . . [A] person with a measured legitimate claim may cross
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the line into frivolous litigation by asserting facts that are grossly exaggerated or totally false.”
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Molski v. Evergreen Dynasty Corp., 500 F.3d 1047, 1060-61 (9th Cir. 2007). Here, the court finds
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that plaintiff has asserted “fanciful factual allegation[s]” that must be considered “totally false.” He
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has not offered any facts to support the plausibility of his claim for two billion dollars. The court has
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thoroughly reviewed plaintiff’s complaint and has concluded that plaintiff does not allege facts that
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would permit this court to exercise jurisdiction. As presently pled, the complaint does not offer, and
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the court is not aware of, any basis for federal jurisdiction.
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Accordingly, plaintiff’s application to proceed in forma pauperis is DENIED and this
complaint is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(d).
IT IS SO ORDERED.
Dated: August 28, 2012
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE
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For the Northern District of California
United States District Court
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C12-04373 HRL Notice will be electronically mailed to:
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Dave Petrini
703 Alexander Street
Livermore, CA 94550
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Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.
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For the Northern District of California
United States District Court
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