A District of Columbia federal judge granted a pro se plaintiff pauper status but dismissed his complaint without prejudice, finding its allegations too frivolous to support jurisdiction.
What happened
A D.C. federal judge allowed plaintiff Anthony Brian Mallgren to proceed without paying filing fees but dismissed his pro se complaint without prejudice after finding the court lacked jurisdiction over allegations it deemed frivolous.
U.S. District Judge Randolph D. Moss said the complaint's few factual allegations were "irrational and incredible," and concluded the court could not exercise jurisdiction over a frivolous complaint.
Mallgren alleged he was denied access to means to produce defensive equipment, including stockpiles of food and water for use in a disaster. The opinion says he demanded that citizens receive the ability to manufacture means of defense.
The ruling applied familiar pleading and frivolousness standards, citing U.S. Supreme Court and D.C. Circuit precedent for the principle that courts may not entertain claims that are so attenuated and unsubstantial as to be devoid of merit.
Judge Moss said courts must dismiss a complaint as frivolous when the alleged facts rise to the level of the irrational or wholly incredible or describe wholly fanciful events and circumstances.
The dismissal was without prejudice, and the court said a separate order would issue.