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Rice v. Perrin

United States District Court, N.D. California
Oct 27, 2005
No. C 05-3472 WHA (N.D. Cal. Oct. 27, 2005)

Opinion

No. C 05-3472 WHA.

October 27, 2005


DISMISSAL ORDER


This action, styled as an action for collection of a debt and alleging civil RICO violations, is DISMISSED for want of subject-matter jurisdiction. Plaintiff's filings with the Court are delusional rants. She asks this court to collect "[t]he World Debt and the National Debt." She fails to allege any facts to suggest the basis of a civil RICO claim.

These claims are "so attenuated and unsubstantial as to be absolutely devoid of merit," and therefore fail to confer subject-matter jurisdiction. See Newburyport Water Co. v. City of Newburyport, 193 U.S. 561, 579 (1904) (holding that federal court had no federal-question jurisdiction when claims were utterly insubstantial). See also Bailey v. Patterson, 369 U.S. 31, 33 (1962) (holding that there was no requirement to convene three-judge panel to consider constitutionality of state statute when the constitutional issues presented was "frivolous" and "essentially fictitious"); Hannis Distilling Co. v. City of Baltimore, 216 U.S. 285, 288 (1910) ("[A]ssumption [of federal jurisdiction] may not be indulged in simply because it appears from the record that a federal question was averred, if such question be obviously frivolous or plainly unsubstantial . . . because it is manifestly devoid of merit.").

For this reason, the case is DISMISSED for want of subject-matter jurisdiction. The Clerk is ORDERED TO CLOSE the case and to DISREGARD any future filings in this case.

IT IS SO ORDERED.


Summaries of

Rice v. Perrin

United States District Court, N.D. California
Oct 27, 2005
No. C 05-3472 WHA (N.D. Cal. Oct. 27, 2005)
Case details for

Rice v. Perrin

Case Details

Full title:PATRICIA RICE, Plaintiff, v. CHARLES R. PERRIN; AVON PRODUCTS; JAY…

Court:United States District Court, N.D. California

Date published: Oct 27, 2005

Citations

No. C 05-3472 WHA (N.D. Cal. Oct. 27, 2005)