Opinion
Civil Action DLB-21-2285
09-23-2021
JOHN DESTIN ALEXANDER, Plaintiff, v. DEPARTMENT OF THE ARMY, et al., Defendants.
MEMORANDUM
Deborah L. Boardman, United States District Judge
Plaintiff John Destin Alexander filed a complaint in this Court on September 7, 2021. ECF 1. Alexander did not pay the filing fee or file a motion for leave to proceed in forma pauperis. Alexander states in the documents filed with the court that he is unemployed. ECF 1, at 2. Because Alexander appears indigent, he shall be granted leave to proceed in forma pauperis. However, for reasons stated below, the complaint shall be dismissed.
Title 28 U.S.C. § 1915(a)(1) permits an indigent litigant to commence an action in this Court without prepaying the filing fee. To guard against possible abuses of this privilege, the statute requires dismissal of any claim that is frivolous, malicious, or fails to state a claim on which relief may be granted. 28 U.S.C. §§ 1915(e)(2)(B)(i) and (ii), 1915A(b). A claim “is frivolous where it lacks an arguable basis either in law or in fact, ” as the “term ‘frivolous,' when applied to a complaint, embraces not only the inarguable legal conclusion, but also the fanciful factual allegation.” Neitzke v. Williams, 490 U.S. 319, 325 (1989), superseded by statute on other grounds as noted in Quartey v. Obama, No. PJM-15-567, 2015 WL 13660492, at *1 (D. Md. Mar. 4, 2015). Pursuant to § 1915(e)(2)(B), the Court has an “unusual power” that exceeds its authority under Rule 12(b)(6). Id. at 327. The Court may “pierce the veil of the complaint's factual allegations and dismiss those claims whose factual contentions are clearly baseless, ” such as when “claims describ[e] fantastic or delusional scenarios.” Id. at 327-28.
Alexander alleges that over the last 30 years the Department of the Army, U.S. Army Health Services Command, and Walter Reed National Military Medical Center have conspired to harass him and “held [him] in involuntary servitude.” ECF 1. He believes defendants are acting in retaliation for grievances he filed at Walter Reed National Military Medical Center, where he worked until 1992. Id. at 1, 4. Specifically, he claims defendants illegally surveilled him, followed him on public transportation, implanted medical sensory devices in his ears to monitor him, and “illegally listen[ed] to and redirect[ed] [his] telephone calls.” Id. at 2-3. He alleges defendants had “nuisance constantly talkative people” and “‘false people' hover[] around him” to cause delays and interruptions in his activities. Id. Anderson further alleges defendants “alter[ed] . . . sources of public information, including newspapers, magazines and books.” Id. at 3. He also claims defendants prevented him from obtaining employment and “mock[ed]” him by falsely advertising that there were no job vacancies. Id. at 2. In addition, he claims they subjected him to harmful medical and psychological tests. Id. at 2-3. In sum, Alexander contends that defendants have conspired with state and local governments and private citizens to spy, stalk, and harass him in all aspects of his private life. Id.
Because the complaint fails to provide any information that might lead to a reasonable conclusion that Alexander has some plausible cause of action, it shall be dismissed pursuant to § 1915(e)(2). A separate order follows.