Nobile v. Biden
- Laura Swain
- 1:23-cv-06997
- U.S. District Court · Southern District of New York
- 6
Nobile v. Biden, Judge Swain dismissed the action, denying the motion as moot and dismissing brother’s claims without prejudice and her claims as frivolous.
Natacha Nobile’s own claims were dismissed as frivolous, while the claims she asserted for her brother were dismissed without prejudice because she could not represent him. Her motion was denied as moot, and permission to proceed without prepaying fees on appeal was denied.
What happened
In Nobile v. Biden, Natacha Nobile, representing herself, sued President Joe Biden, Vice President Kamala Harris, and the “Administration,” seeking damages and orders from the court. She alleged death threats, conspiracy, defamation, being labeled a terrorist, and interference with her business.
The court dismissed Nobile’s claims brought for her brother because she was not an attorney and could not represent him. It dismissed her own claims as frivolous because her filings did not provide plausible factual support for the alleged broad conspiracy. The court also denied her motion for an order as moot.
Judge Laura Taylor Swain declined to allow Nobile to amend her claims because the defects could not be fixed by amendment. The court directed the Clerk to enter judgment, and it denied permission to proceed without paying fees for an appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Nobile v. Biden · No. 1:23-cv-06997
- Laura Swain
- Oct. 11, 2023
Background
Natacha Nobile, proceeding without a lawyer, sued President Joe Biden, Vice President Kamala Harris, and the “Administration,” which the court understood to mean the United States of America. She sought damages and injunctive relief. The court had previously allowed her to proceed without prepaying filing fees. She later filed a motion seeking an “order of writ and petition.”
Nobile’s filings alleged, among other things, that the defendants made death threats, wrongly treated her as a terrorist, engaged in a broad conspiracy with an airline and celebrities, interfered with her business, and harmed her and her brother. The filings also sought more than $20 billion and additional relief for her brother.
Claims on behalf of Nobile’s brother
The court explained that federal law allows a person to represent herself or to appear through a licensed attorney, but a nonlawyer generally cannot bring claims for another person. Because Nobile did not allege that she was an attorney, the court dismissed the claims she asserted on behalf of her brother without prejudice.
Nobile’s own claims
Under the statute governing cases filed without prepaying fees, the court must dismiss claims that are frivolous. A claim is factually frivolous when its factual allegations are irrational, fantastical, or clearly baseless. The court said Nobile provided no factual basis for her assertions that the defendants and others had acted together against her. It therefore dismissed the claims she brought on her own behalf as frivolous.
The court also declined to give Nobile permission to amend those claims because it found that the defects could not be cured through amendment.
Disposition
The court dismissed the action and denied Nobile’s motion as moot. It dismissed her brother-related claims without prejudice and dismissed her own claims as frivolous. Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. The court certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.