Nobile v. FBI Administration of Joe Biden

Background

Natacha Nobile brought the action without a lawyer against “FBI Administration of Joe Biden.” The court had previously allowed her to proceed without prepaying filing fees. The complaint invoked federal-question jurisdiction and alleged that she had received death threats involving Paris Hilton, Hilton Hotels, and Scott Kirby of United Airlines. It also alleged that President Joe Biden and the Federal Bureau of Investigation had deleted messages or refused to create reports or confirmations concerning those threats. Nobile sought billions of dollars and injunctive relief.

Legal standard

Under 28 U.S.C. § 1915(e)(2)(B), the court must dismiss a complaint filed without prepaying fees if it is frivolous, malicious, fails to state a claim for relief, or seeks money from a defendant protected from such relief. The court must also dismiss when it lacks authority to hear the matter. Although courts interpret complaints filed without lawyers liberally, the allegations still must provide a plausible factual basis.

Court’s reasoning

The court held that Nobile’s claims were frivolous. It explained that allegations are factually frivolous when they are clearly baseless, fanciful, fantastic, or delusional. The court said Nobile provided no factual basis for her assertions that Paris Hilton had made death threats or that President Biden or the Federal Bureau of Investigation had deleted messages or refused to prepare reports. In the court’s view, the complaint presented conclusions and suspicions rather than supporting facts and therefore rose to the level of the irrational.

The court considered whether to allow Nobile to amend the complaint. It declined to do so because it appeared that the defects could not be cured by amendment.

Additional filing warning

The court noted that, in a prior related proceeding, it had barred Nobile from filing new civil actions in that court without prepaying fees unless she first received permission. The court stated that the bar did not apply here because Nobile filed this action before that order was entered. It warned that continued frivolous submissions could result in additional sanctions, including monetary penalties.

Disposition

Judge Laura Taylor Swain dismissed the complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). The court denied Nobile’s application for the court to request pro bono counsel as moot. It also certified that an appeal would not be taken in good faith and denied her fee-free status for purposes of an appeal. The court directed the clerk to enter judgment.