Jaffe v. Yellen

Background

Michael R. Jaffe filed the action without a lawyer and had previously been allowed to proceed without paying filing fees, a status commonly called in forma pauperis. He sued Janet Yellen, identified in the opinion as the United States Treasury Secretary, over events he said occurred in 2013 in New York City and Washington, D.C.

The complaint alleged, among other things, that people connected with the Secret Service, the Federal Bureau of Investigation, the University of Florida, and the United States Supreme Court were involved in recording conversations. It also alleged that Janet Yellen personally kept $7 trillion that Jaffe had requested be placed in the Federal Reserve. Jaffe sought to have $7 trillion removed from Yellen and given to him or, alternatively, used to reduce the federal deficit.

Screening and Dismissal

The court screened the complaint under the statute governing fee-free lawsuits, 28 U.S.C. § 1915(e)(2)(B). That statute requires dismissal of an action that is frivolous, malicious, fails to state a claim for relief, or seeks money from a defendant who is legally immune from such relief. The court stated that a claim is frivolous when its factual allegations are clearly baseless, including allegations that result from delusion or fantasy, or when it relies on an indisputably meritless legal theory.

The court found that Jaffe’s complaint lacked any arguable basis in law or fact. It described the allegations and requested relief as irrational and found no apparent legal theory supporting the action. The court therefore dismissed the complaint as frivolous under § 1915(e)(2)(B)(i) and, in its conclusion, also dismissed it for failure to state a claim under § 1915(e)(2)(B)(ii).

Although courts generally give a self-represented plaintiff an opportunity to amend, the court found that amendment would be futile—that is, that changing the complaint could not cure its defects. It therefore did not give Jaffe leave to amend.

Order to Show Cause

The opinion recounts that Jaffe had previously filed several actions in the federal courts in this circuit that were dismissed as frivolous or for failure to comply with federal pleading rules. It also states that he had previously been warned that further vexatious or frivolous litigation in this court could lead to an order restricting future filings.

Because of that history, the court ordered Jaffe to show cause why he should not be barred from filing any further actions in this court without paying filing fees unless he first obtained the court’s permission. Jaffe must submit a declaration stating good cause within 30 days of the order. The court stated that, if he does not submit the declaration on time or it does not show good cause, the filing restriction will be entered. The order to show cause itself was not the final imposition of that restriction.

Other Dispositions

The court certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. It directed the Clerk to keep the matter open until a civil judgment is filed.