Alejandro v. State of California
Civil Action No. 2022-0899
| D.D.C. | May 6, 2022Background
- Pro se plaintiff Omar Medina Alejandro (also filed as Omar Alejandro Medina) filed a cryptic complaint and IFP application in D.D.C., suing the State of California for alleged harassment at his home and asserted Fourth Amendment violations.
- Complaint is largely incoherent: alleges male voices, harassment by "homosexuals," stroke-like symptoms, and demands exorbitant damages (e.g., $150 million, conditional $8 trillion).
- Plaintiff also filed a motion for emergency relief seeking expedited handling, citing PACER access costs and lack of funds.
- The Court found the pleading fails to provide notice or plausible factual allegations and is legally unintelligible under Fed. R. Civ. P. 8(a).
- The filing joins a long pattern: plaintiff has filed dozens of largely duplicative/frivolous cases in this and other federal courts, many dismissed on screening.
- Court dismissed the complaint, denied emergency relief, and ordered plaintiff to show cause why he should not be barred from proceeding in forma pauperis in future filings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 8 sufficiency — does complaint state a plausible claim? | Complaint alleges harassment and Fourth Amendment violation at home. | No coherent factual allegations linking California to wrongdoing; pleading fails to give fair notice. | Dismissed for failure to satisfy Rule 8(a); complaint is unintelligible and provides no basis for relief. |
| Emergency relief / expedited handling | Requests expedition because PACER costs and inability to buy a weapon; seeks urgent attention. | No substantive basis shown for emergency relief; motion incomprehensible. | Emergency motion denied as implausible and unintelligible. |
| Subject-matter jurisdiction over frivolous/insubstantial claims | Seeks federal relief for alleged harassment. | Court: frivolous or wholly incredible claims do not invoke federal jurisdiction. | Court concluded the complaint is frivolous/insubstantial and lacks a cognizable federal claim; dismissed. |
| Abuse of in forma pauperis privilege; prospective bar? | Implied need to proceed IFP given lack of funds. | Court points to plaintiff's repetitive, frivolous filings and administrative burden. | Court found an abusive pattern and ordered plaintiff to show cause before imposing a prospective bar on IFP filings in the district. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading must contain factual matter showing a plausible claim).
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading standard requiring allegations that plausibly suggest entitlement to relief).
- Neitzke v. Williams, 490 U.S. 319 (1989) (frivolous suits lack arguable basis in law or fact).
- Denton v. Hernandez, 504 U.S. 25 (1992) (complaints that are irrational or wholly incredible may be dismissed as frivolous).
- Crisafi v. Holland, 655 F.2d 1305 (D.C. Cir. 1981) (abusive complaints may be deemed malicious).
- Hagans v. Lavine, 415 U.S. 528 (1974) (federal courts lack power to entertain claims that are attenuated or unsubstantial).
- Butler v. Dep't of Justice, 492 F.3d 440 (D.C. Cir. 2007) (factors for revoking IFP privilege and assessing abusive filing patterns).
- Hurt v. Social Security Admin., 544 F.3d 308 (D.C. Cir. 2008) (upholding prospective revocation of IFP privileges for abusive filers).
- In re Powell, 851 F.2d 427 (D.C. Cir. 1988) (court must make findings and allow response before imposing filing restrictions).
- Urban v. United Nations, 768 F.2d 1497 (D.C. Cir. 1985) (courts may protect orderly administration of justice).
- In re Martin-Trigona, 737 F.2d 1254 (2d Cir. 1984) (injunctive remedies to protect court integrity).
- Jarrell v. Tisch, 656 F. Supp. 237 (D.D.C. 1987) (pro se litigants must comply with the Federal Rules of Civil Procedure).
