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S.D.N.Y.Procedural orderFiled Feb. 18, 2021

Medina v. United States

Judge
Colleen McMahon
Docket
1:21-cv-01427
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedurePro Se
In one sentence

In Medina v. United States, Judge McMahon dismissed the pro se complaint as frivolous and denied fee-free appeal status.

Who this affects

The ruling dismissed Ian Anthony Medina's complaint and ended the proposed class action against the United States of America; it also denied fee-free status for any appeal.

What happened

In Medina v. United States, Ian Anthony Medina filed a proposed class action alleging that the United States had carried out surveillance, espionage, and genocide against him and others. He sought court orders and money damages.

The court said the allegations were irrational and had no legal theory supporting them. It dismissed the complaint as frivolous and declined to allow an amended complaint because amendment would be futile.

Judge McMahon also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal. The opinion does not state that the dismissal was with or without prejudice.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Medina v. United States · No. 1:21-cv-01427
Judge
Colleen McMahon
Date
Feb. 18, 2021

Background

Ian Anthony Medina, appearing without a lawyer, filed a proposed class action against the United States of America. He alleged that the United States had targeted and carried out a plan involving espionage, surveillance, and genocide against him and the proposed class. According to the complaint, members of the proposed class heard sounds and saw holographic images, which Medina alleged resulted from devices implanted in their eyes and ears after the United States entered their residences and incapacitated them. He sought declaratory relief, injunctive relief, and monetary damages.

The court had previously allowed Medina to proceed without paying filing fees in advance. Under the federal screening statutes, the court explained that it must dismiss a complaint that is frivolous, fails to state a claim, or seeks money from a defendant protected from such relief. The court also noted that it must read filings by people without lawyers liberally.

Ruling

The court concluded that, even when read liberally, Medina's claims were irrational and had no legal theory on which he could rely. It therefore dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). The court declined to give Medina an opportunity to amend because it found that the defects could not be cured by amendment. The opinion does not state that the dismissal was with or without prejudice.

Judge Colleen McMahon also certified that any appeal would not be taken in good faith and denied Medina fee-free status for purposes of an appeal. The Clerk of Court was directed to mail the order to Medina and record service on the docket.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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