Madeker v. Imaginery World Company et al
| Brett M Madeker |
| Imaginery World Company, Federal Goverment and State of Illinois |
| 3:2024cv03014 |
| January 25, 2024 |
| US District Court for the Central District of Illinois |
| Colleen R Lawless |
| Karen L McNaught |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| None |
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| Filing 4 JUDGMENT entered. (BMG) |
TEXT ORDER entered by Judge Colleen R. Lawless on 1/25/2024: Before this Court is Plaintiff's Complaint #1 . Courts have a duty to consider jurisdictional bars sua sponte. Wilkins v. United States, 598 U.S. 152, 157 (2023). Under Rule 12(b)(1), federal courts lack jurisdiction over claims that are "so attenuated and unsubstantial as to be absolutely devoid of merit," such as claims which are "essentially fictious." Hagans v. Lavine, 415 U.S. 528, 536-37 (1974). Pro se complaints, such as that filed by Plaintiff, are construed liberally and held to a less stringent standard than formal pleadings drafted by lawyers. Obriecht v. Raemisch, 517 F.3d 489, 491 n.2 (7th Cir. 2008). "A court may dismiss a claim as factually frivolous only if the facts alleged are 'clearly baseless,'" which is "a category encompassing allegations that are fanciful, fantastic, and delusional" or when they "rise to the level of the irrational or the wholly incredible." Denton v. Hernandez, 504 U.S. 25, 32-33 (1992) (quoting Neitzke v. Williams, 490 U.S. 319, 325-328 (1989) (internal citations omitted); see also Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000) ("A claim is factually frivolous if its allegations are bizarre, irrational or incredible."). Plaintiff's claim that the federal government, State of Illinois, and "the Imaginery World Company" have implanted him with a chip and "bugged" his apartment is an extraordinary assertion that the Court finds factually frivolous. Therefore, this Court sua sponte dismisses Plaintiff's Complaint #1 without prejudice. See Nicholson v. Marine Corps West Fed. Credit Union, 953 F. Supp. 1012, 1014 (N.D.Ill. Jan. 28, 1997) (recognizing, "the court may dismiss a complaint sua sponte if the court lacks jurisdiction over the subject matter").(BMG)
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| Filing 3 MOTION to Request Counsel by Plaintiff Brett M Madeker. Responses due by 2/8/2024. (BMG) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Brett M Madeker. Responses due by 2/8/2024. (BMG) |
| Filing 1 COMPLAINT against All Defendants, filed by Brett M Madeker. (Attachments: #1 Envelope)(BMG) |
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