Opinion
Civil Action No. 11 1227.
July 1, 2011
MEMORANDUM OPINION
This matter is before the Court on review of the plaintiff's pro se complaint and application to proceed in forma pauperis. The application will be granted and the complaint will be dismissed pursuant to 28 U.S.C. § 1915A (requiring dismissal of a prisoner's complaint upon a determination that the complaint, among other grounds, is frivolous).
The plaintiff is a prisoner at the Federal Correctional Center in Coleman, Florida. He sues the United States because the Attorney General allegedly allowed Bureau of Prisons staff to collect his DNA "against [his] will under the threat of disciplinary action." Compl. ¶ 1. Plaintiff acknowledges that BOP was acting pursuant to the DNA Analysis Backlog Elimination Act of 2000, 42 U.S.C. §§ 14135- 14135e, which has been found to be constitutional. See Kaemmerling v. Lappin, 553 F.3d 669, 678-86 (D.C. Cir. 2008). However, he claims that the collection of his DNA was improper because the Attorney General "stood mute" knowing that "B.O.P. officials [had] obtained an alleged certified judgment and commitment order from the United States District Court . . . procured as a result of fraud . . . perpetrated by the United States Attorneys." Compl. ¶ 1. Because plaintiff does not suggest that his conviction or sentence has been officially invalidated for any reason, let alone for fraud, his claim is based on a false premise. Therefore, the Court will dismiss the complaint as frivolous. See Neitzke v. Williams, 490 U.S. 319, 325 (1989) (authorizing dismissal of a complaint as frivolous that contains "fanciful factual allegation[s]"); Brandon v. District of Columbia Bd. of Parole, 734 F.2d 56, 59 (D.C. Cir. 1984) (finding complaint lacking "an arguable basis in law and fact" subject to dismissal as frivolous). A separate Order accompanies this Memorandum Opinion.
Date: June 29th , 2011