v.
Treasurer of the United States
uNITED sTArEs DlsTRlcT coURT NOV 1 7 2017
FOR THE DISTRICT OF COLUMBIA C\,rk' U_s_ munoz a humptcy Courts tor the Dlstrlct of Co|umbla
Francis Damien Block_ )
)
Plaintiff, )
)
v. ) Civil Action No. 17-2066 (UNA)
)
Treasurer of the United States, )
)
Defendant. )
MEMORANDUM OPINION
This matter is before the Court on its initial review of plaintiffs pro se Complaint and application for leave to proceed inforch pauperis The application will be granted, and the complaint will be dismissed pursuant to 28 U.S.C. § 1915A, which requires dismissal of a prisoner’s complaint upon a determination that it, among other grounds, is frivolous.
Plaintiff is a prisoner incarcerated at the United States Penitentiary in Terre Haute, Indiana. He “has made application to the President [under] 50 U.S.C. § 4309(a),” Compl. 1[ 1, claiming “an interest, right, and/or title in any money or other property which may have been conveyed, transferred, assigned delivered, or paid to the Alien Property Custodian” in his name or in connection with his criminal case or Social Security Number, id. Tl 4. The statute on which plaintiffrelies, the Trading With the Enemy Act, see 50 U.S.C. § 4309(a) (formerly 50 App. U.S.C. § 9(a)), pertains to money or property seized from a foreign enemy or ally of a foreign enemy. Nothing in the complaint suggests that this prisoner plaintiffraises a claim with “an arguable basis in law and fact." Brcma’on v. Dislrict ()_/'Colz/mbia Bd. OfParole, 734 F.2d 56, 59 (D.C. Cir. 1984). Rather, because the complaint appears to based on “fanciful factual allegations[],” it is subject to dismissal as frivolous Nez`tzke v. Willz`ams, 490 U.S. 319, 328 (1989); see Johnson v. Um`ted l
S/ates, No. 09-0101, 2009 WL l 13768 (D.D.C. Jan. l9, 2009) (dismissing as frivolous prisoner’s claim under Trading with the Enemy Act). A separate order accompanies this l\/lemorandum way
Unit£ State istrict Judge
Opinion.
Date: wm 5 ,20]7