RICHARDSON v. U.S. GOVERNMENT

No. 3:17-CV-757.

DANIEL RICHARDSON, Plaintiff, v. U.S. GOVERNMENT, et al., Defendants.

United States District Court, M.D. Pennsylvania.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Source: PACER


Attorney(s) appearing for the Case

Daniel J. Richardson, Plaintiff, Pro Se.


ORDER

ROBERT D. MARIANI, District Judge.

AND NOW, THIS 22nd DAY OF JUNE, 2017, upon de novo review of Magistrate Judge Mehalchick's Report and Recommendation, (Doc. 6), and Plaintiff's objections thereto, (Doc. 7), IT IS HEREBY ORDERED THAT:

1. The Report & Recommendation ("R&R"), (Doc. 6), is ADOPTED for the reason stated therein and for the reasons that follow. In addition to the reasons outlined in the R&R, Plaintiff's Complaint is subject to dismissal as frivolous. "[A] court may dismiss a claim as factually frivolous only if the facts alleged are clearly baseless, a category encompassing allegations that are fanciful, fantastic, and delusional. Denton v. Hernandez, 504 U.S. 25, 32-33, 112 S.Ct. 1728, 118 L. Ed. 2d 340 (1992) (internal citations and quotation marks omitted). "As those words suggest, a finding of factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible, whether or not there are judicially noticeable facts available to contradict them." Id. at 33. Plaintiff's Complaint alleges that, for nearly two years, he has been followed wherever he goes by federal agents. (Doc. 1 at 4). Plaintiff alleges that, "there are 25-30 vehicles, mostly each containing 2 agents following plaintiff at anytime," and that they "sandwich him in and follow him to wherever he goes." (Id.). Plaintiff also alleges that when he is on foot, fifteen to twenty agents surround him and make "arbitrary and aggressive movements towards him" until Plaintiff reacts, at which point "they convey smiles to each other and wait, eyeballing him vigorously." (Id. at 5). These allegations are fanciful, wholly incredible, and taken together, present claims utterly lacking in plausibility. 2. Plaintiff's objections, (Doc. 7), are OVERRULED. 3. Plaintiffs' Complaint, (Doc. 1), is DISMISSED WITH PREJUDICE for failing to state a claim and as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(ii). 4. The Clerk of the Court is directed to CLOSE this case.

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