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Gardner v. Central Intelligence Agency

United States District Court, D. Maryland

April 3, 2015

LAEL GARDNER, Plaintiff,
v.
CENTRAL INTELLIGENCE AGENCY, Defendant.

MEMORANDUM OPINION

GEORGE L. RUSSELL, III, District Judge.

On March 16, 2015, Plaintiff Lael Gardner filed the instant pro se Complaint. Gardner alleges the Central Intelligence Agency ("C.I.A") abducted her, committed her to a physiatrist hospital against her will, and inserted an unknown substance into her body.[1] (ECF No. 1). She seeks $2, 000, 000, 000.00 in damages and other miscellaneous relief. (Id.). Simultaneous with the Complaint, Gardner filed a Motion for Leave to Proceed in forma pauperis. (ECF No. 2). The Motion for Leave to Proceed in forma pauperis shall be granted.

In Neitzke v. Williams, the United States Supreme Court determined that a district court may sua sponte dismiss the complaint of a pro se litigant when the complaint lacks "an arguable basis either in law or in fact." 490 U.S. 319, 324-25 (1989). Additionally, under Denton v. Hernandez, a court may dismiss as frivolous in forma pauperis complaints whose factual allegations are fanciful, fantastic, delusional, irrational, or wholly incredible, but not those which are simply unlikely. 504 U.S. 25, 32-33 (1992); see also Brock v. Angelone, 105 F.3d 952, 953-54 (4th Cir.1997).

Gardner's factual statement, even construed liberally, does not support any claim under the Constitution, laws, or treaties of the United States or Maryland. Moreover, the alleged factual basis for Gardner's claim is plainly irrational and replete with fantastic illusions. Thus, the case will be summarily dismissed under 28 U.S.C. ยง 1915(e)(2)(B) as frivolous.[2] A separate Order follows.


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