FONTANEZ v. FEDERAL BUREAU OF INVESTIGATION, No. 1:2021cv00203 - Document 3 (D.D.C. 2021)
Court Description: MEMORANDUM OPINION Signed by Judge Randolph D. Moss on 2/12/2021. (adh, )
Download PDF
<![CDATA[
FONTANEZ v. FEDERAL BUREAU OF INVESTIGATION Doc. 3 FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FERNANDO FONTANEZ, Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION, Defendant. ) ) ) ) ) ) ) ) ) 2/12/2021 Clerk, U.S. District & Bankruptcy Court for the District of Columbia Civil Action No. 21-0203 (UNA) MEMORANDUM OPINION This matter is before the Court on its initial review of 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). The complaint begins with what appears to be a claim under the Federal Tort Claims Act, yet the remainder—and the hundreds of pages of attachments—touch on so many topics and demand so many forms of relief that the Court cannot discern what claim or claims Plaintiff intends to bring. Further, based on the Court’s review of Plaintiff’s submission, many of the factual allegations contained in the complaint are incoherent, irrational or wholly incredible, rendering the complaint 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 Dockets.Justia.com 1305, 1307–08 (D.C. Cir. 1981) (“A court may dismiss as frivolous complaints . . . postulating events and circumstances of a wholly fanciful kind.”). 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) as frivolous. A separate order will issue. /s/ RANDOLPH D. MOSS United States District Judge DATE: February 12, 2021
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
