STEVENS v. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al, No. 1:2009cv02328 - Document 3 (D.D.C. 2009)
Court Description: MEMORANDUM OPINION Signed by Judge Emmet G. Sullivan on 12/3/09. (ls, )
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FILED DEC UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Tommy Lee Stevens, Plaintiff, v. Dep't of Health and Human Services et al., Defendants. ) ) ) ) ) ) ) ) ) ) Civil Action No. .~ 8 2009 Clerk, U.S. District ana Bankruptcy Courts 09 2328 MEMORANDUM OPINION Before the Court is the plaintiffs pro se complaint and application to proceed informa pauperis. The application will be granted and the complaint will be dismissed. The plaintiff alleges that in November 1994 he was implanted with a microchip-like device, after which he "began hearing voices and having other problems with [his] body." Compl. at 1. He "[knows] that the people responsible for having [him] implanted [are] locked onto the chip and [are] transmitting to [him]," and know everything he is thinking. Id. at 1-2. The monitors control his body and also transmit signals to him that cause him great pain. Id. at 2. As a consequence of the implanted device, and because the federal defendant has not responded appropriately to a FOIA request on how such implanted devices work, id. at 3, the plaintiff has brought this "Federal False Claims Act," to obtain a fair and impartial Congressional investigation of the matter. Compl. at 1,5. A complaint such as this one that describes fantastic or delusional scenarios is subject to immediate dismissal. See Neitzke v. Williams, 490 U.S. 319, 328 (1989); Best v. Kelly, 39 F.3d 328,330-31 (D.C. Cir. 1994). Moreover, a complaint may be dismissed as frivolous when it lacks "an arguable basis in law and fact." Brandon v. District a/Columbia Bd. a/Parole, 734 F.2d 56, 59 (D.C. Cir. 1984). Accordingly, this complaint . b~e....-__
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