Summary
affirming dismissal of complaint as frivolous, where plaintiff alleged that someone had inserted a metal pin in his head and various state officials and police officers had purposely ignored his pleas for help
Summary of this case from Holland v. Ceo Countrywide Home Loans, Inc.Opinion
No. 10-1820.
The State of Wisconsin was not served with process in the district court and is not participating in this appeal. Alter examining the appellant's brief and the record, we have concluded that oral argument is unnecessary. See FED R.APP. P. 34(a)(2)(C).
Decided July 28, 2010.
Appeal from the United States District Court for the Western District of Wisconsin. No. 10-cv-133-slc. Barbara B. Crabb, Judge.
Pat Schottler, New Richmond, WI, pro se.
ORDER
Pro se litigant Pat Schottler filed a complaint seeking from the State of Wisconsin, among other things, $10,000 and the names of people who he says are tormenting him. He alleges that "someone" has inserted a metal pin in his head and is "wringing out" his brain; yet, he continues, the state's attorney general and local police officials have ignored his pleas for assistance. Schottler did not pay the filing fee, so the district court inferred that he was seeking leave to proceed in forma pauperis and then dismissed the lawsuit because it is factually frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i). Schottler appeals, but the district court did not abuse its discretion in concluding that the "fantastic or delusional scenarios" described in his complaint lack an arguable basis in fact. See Neitzke v. Williams, 490 U.S. 319, 327-28, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989); see also Denton v. Hernandez, 504 U.S. 25, 32-33, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992); Gladney v. Pendleton Corr. Facility, 302 F.3d 773, 774-75 (7th Cir. 2002).
AFFIRMED.