CLD-044 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 18-2681

___________

ASIA JOHNSON,

Appellant

v.

PRESIDENT DONALD J. TRUMP

____________________________________

On Appeal from the United States District Court

for the Western District of Pennsylvania

(D.C. Civil No. 2-18-cv-00970)

District Judge: Honorable Nora B. Fischer

____________________________________

Submitted for Possible Summary Action 

Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 

November 29, 2018

Before: CHAGARES, RESTREPO and SCIRICA, Circuit Judges 

(Opinion filed: December 20, 2018)

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OPINION*

_________

PER CURIAM

Asia Johnson appeals pro se the District Court’s dismissal of her action under 

28 U.S.C. § 1915(e)(2)(B). The Government has filed a motion for summary affirmance. 

 * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not 

constitute binding precedent.
2

For the reasons set forth below, we will grant the Government’s motion and summarily 

affirm the District Court’s judgment. See 3d Cir. L.A.R. 27.4; 3d Cir. I.O.P. 10.6.

This is the eighth civil action that Johnson has brought in the United States District 

Court for the Western District of Pennsylvania in 2018. See D.C. Order at pg. 2 (listing 

other actions). In this complaint, Johnson alleged that, at the request of a group backing 

then-candidate Donald Trump, she had supported his candidacy, but with the 

understanding that he would pass over his presidency to Shawn Carter. Then “President 

Trump honored me forcing me into a self sacrifice putting me into the honor system 

leaving me homeless and me and my family under attack.” Compl. at pg. 5. As 

damages, she sought to be awarded the Medal of Freedom and a declaration that “a black 

life is worth 3,364,875 million.” Id. at 7. 

Because Johnson applied to proceed in forma pauperis, the District Court screened 

her complaint under § 1915(e)(2). The Court concluded that “Plaintiff’s rambling and 

incoherent Complaint lacks arguable merit in fact or law,” and therefore dismissed it as 

frivolous and for failure to state a claim. D.C. Order at pgs. 3-4. Johnson filed a timely 

notice of appeal.1

 In this Court, the Government has filed a motion to summarily affirm 

the District Court’s judgment. 

 1 Johnson also filed a post-judgment motion, which the District Court denied. Because 

Johnson did not file a new or amended notice of appeal embracing the District Court’s 

order denying that motion, this Court’s jurisdiction is limited to the order dismissing the 

complaint. See Fed. R. App. P. 4(a)(4)(B)(ii); Carrascosa v. McGuire, 520 F.3d 249, 

253-54 (3d Cir. 2008).
3

We have appellate jurisdiction pursuant to 28 U.S.C. § 1291. We exercise plenary 

review over the District Court’s dismissal of Johnson’s complaint. See Allah v. 

Seiverling, 229 F.3d 220, 223 (3d Cir. 2000); Roman v. Jeffes, 904 F.2d 192, 194 (3d 

Cir. 1990). 

After reviewing Johnson’s filings in the District Court and on appeal, we agree 

that the complaint lacks an arguable basis in law and fact, and we therefore conclude that 

the District Court correctly dismissed the complaint pursuant to § 1915(e)(2)(B). See

Neitzke v. Williams, 490 U.S. 319, 325 (1989) (a complaint is frivolous if it “lacks an 

arguable basis either in law or in fact,” which “embraces not only the inarguable legal 

conclusion, but also the fanciful factual allegation”); Denton v. Hernandez, 504 U.S. 25, 

32-33 (1992) (a complaint’s factual allegations are “clearly baseless” if they are 

“fanciful, fantastic, [or] delusional” (citations omitted)). Moreover, while generally a 

plaintiff should be granted leave to cure the deficiencies of a complaint subject to 

dismissal, we agree with the District Court’s determination that such allowance would 

have been futile in this case. See Grayson v. Mayview State Hosp., 293 F.3d 103, 108 

(3d Cir. 2002).

Accordingly, we grant the Government’s motion and will summarily affirm the 

District Court’s judgment.