Riethmiller v. Electors for the State, No. 1:2012cv00058 - Document 3 (W.D. Va. 2012)
Court Description: MEMORANDUM OPINION. Signed by Judge James P. Jones on 10/4/2012. (flc)
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION ) ) ) ) ) ) ) ) ) ANNAMARIE RIETHMILLER, Plaintiff, v. ELECTORS FOR THE STATE, Defendants. Case No. 1:12CV00058 OPINION By: James P. Jones United States District Judge Annamarie Riethmiller, Pro Se. In her pro se Complaint, the plaintiff requests the court declare President Obama ineligible as a candidate for election to a second term because she contends that he was not born in the United States and has otherwise violated the Constitution. I will grant leave to proceed in forma pauperis but dismiss the case as frivolous. 28 U.S.C.A. § 1915(e)(2)(B)(i) (West 2006). The court may dismiss frivolous cases sua sponte. Cochran v. Morris, 73 F.3d 1310, 1315-16 (4th Cir. 1996). A frivolous claim lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989). A claim lacks an arguable basis in law when it is based on an indisputably meritless legal theory. Id. at 327. The plaintiff lacks legal standing to assert the claims set forth in her Complaint and accordingly the court lacks subject-matter jurisdiction. See Kerchner v. Obama, 612 F.3d 204, 207 (3d Cir.), cert. denied, 131 S. Ct. 663 (2010); Sibley v. Obama, No. 12-cv-1 (JDB), 2012 WL 2016809, at *2 (D.D.C. June 6, 2012). While the plaintiff s request for leave to proceed in forma pauperis will be granted, her Complaint will be dismissed. A separate Order will be entered herewith. DATED: October 4, 2012 /s/ James P. Jones United States District Judge 2
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