# fILED
UNITED STATES DISTRICT COURT FORTHE DISTRICT OF COLUMBIA**D~I,;** 

## '3 

## 0 2009 Clerk, U.S. Districtand Bankruptcy Courts 

### Glenn Winningham, Plaintiff,


### v. Douglas Schulman et aI., Defendants. ) ) ) ) ) ) ) ) ) 

### Civil Action No.

MEMORANDUM OPINION 

# 09 

# 2435

Before the Court is the plaintiffspro se complaint and application to proceed informa pauperis. The application will be granted for the purposes ofthis decision and the complaint will be dismissed. The plaintiff, self-identified as "Glenn Willingham, house ofFearn; suijuris Sovereign living soul, holder ofthe office of'the people,' Inhabitant ofthe land ofTexas currently traveling
on the land ofNew York, with a Postal address ofNon-Domestic Mail, CIO 6340 Lake Worth Blvd., Suite # 437, Fort Worth, Texas ZIP CODE EXEMPT," Compl. at 20, purports to sue 22 individuals in theirpersonal capacity only, two ofwhom are John Does, for $100 million each. Jd. at 1-6, 20. The defendants are identified as either IRS officials or agents, corporate officers or employees ofUS Airways, or Paul Clement, a former solicitor general ofthe United States. The complaint does not identify a cause ofaction under federal law, butrepeatedly identifies the IRS officials as fiduciaries "forthe trust which was established by the articles ofConfederation (1781), and the Constitution for the United States ofAmerica (1787)
...." See, e.g., id.**~~** 14- 17. It appears that the plaintiffbelieves he is not subjectto the United States tax code, and he repeatedly characterizes the IRS as "thieves." See, e.g., id.**~** 45. Italso appears that the plaintiff 

# :3may have been a former employee ofUS Airways. The complaint states that "[b]ecause corporate commercial hired thugs insisted on falsely accusing me ofbeing a lowlife scumbag US citizen/slave, I have renounced their lowlife scumbag US citizen byregistered mail RA 351 949 910 US
...." Id.**~** 29. The complaint alleges that the "US Airways respondents admitted that they were conspiring with the IRS to facilitate the theft ofMyproperty." Id.**~** 58. The complaint also makes multiple references to "US Supreme Court case 07-0674," see, e.g., id.**~** 66, where, indeed, the United States Supreme Court denied plaintiffspetition for a writ ofcertiorari to the United States Court ofAppeals for the Ninth Circuit, 552 U.S. 927 (Mem.) (2007). The Ninth Circuit had summarily affirmed the district court's dismissal withprejudice ofthe plaintiffs action, statingthat "[t]o the extent appellant claims to be a sovereign and not subjectto federal taxes, we summarily reject such arguments." 231 Fed. Appx. 719, 720 (9th Cir. 2007). A complaint that describes fantastic or delusional scenarios is subject to immediate dismissal. See Neitzke v. Williams, 490 U.S. 319, 328 (1989); Best v. Kelly, 39 F.3d 328, 330-31 (D.C. Cir. 1994). Moreover, a complaintmay be dismissed as frivolous when it lacks "an arguable basis in law and fact." Brandon v. District of Columbia Bd. of Parole, 734 F.2d 56, 59 (D.C. Cir. 1984). This complaint appears to lack an arguable basis in either law orfact, and may reflect delusional thinking. Accordingly, this complai A separate appropriate order accompanies."...,..·**~'**

Date: 

# It-It)/r:!) United States District Judge