DURANTE v. SANDLER, 1:13-cv-00009

Durante, indigent, filed an in forma pauperis federal suit in the District of Maine claiming harassment by helicopters, UFOs, and aliens that damaged property.
She alleges Todd Sandler and family in Randolph, MA are connected to the harassment.
She has written to DHS and Senator Collins with no apparent relief and sought relief in Maine state courts before filing federally.
The magistrate judge recommends summary dismissal of the complaint as frivolous or lacking a federal claim.
Statutory framework provides automatic dismissal for frivolous, malicious, or non-viable claims in forma pauperis actions (28 U.S.C. § 1915(e)(2)(B)).
Authorities cited support sua sponte dismissal for frivolousness; facts alleged are irrational/incredible.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the complaint should be dismissed as frivolous or for failure to state a claim	Durante asserts federal harassment claims merit relief notwithstanding lack of supporting evidence	Sandler and related parties are not properly alleged as proper defendants and claims are irrational	Yes; the complaint is frivolous and must be dismissed
Whether dismissal is proper sua sponte under 28 U.S.C. § 1915(e)(2)(B)	N/A	Court may dismiss sua sponte to spare defendants unnecessary proceedings	Yes; sua sponte dismissal authorized
Whether the allegations meet the standard of factual frivolousness	Durante's claims may be extraordinary but not irrationally unbelievable	Allegations are irrational and wholly incredible	Yes; allegations are irrational and wholly incredible

Neitzke v. Williams, 490 U.S. 319 (1989) (authorizes sua sponte dismissal of frivolous cases in forma pauperis proceedings)
Mallard v. U.S. Dist. Ct. S. D. Iowa, 490 U.S. 296 (1989) (section 1915d permits dismissal of frivolous actions; contemplates pre-service dismissal)
Denton v. Hernandez, 504 U.S. 25 (1992) (factual frivolousness when claims are irrational or incredible)