STARRETT v. UNITED STATES DEPARTMENT OF DEFENSE (2019)

Appellant William Henry Starrett, Jr. sued a wide variety of government agencies and private companies, alleging damages emerging from a claimed conspiracy to remotely harass and torture him. The district court dismissed Starrett’s suit with prejudice for failure to state a claim. Starrett appeals pro se.

We have jurisdiction to review such dismissals, and we do so de novo. Westfall v. Luna, 903 F.3d 534, 542 (5th. Cir. 2018). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Courts may dismiss when the action on appeal fails to “state a claim for relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). They may also dismiss claims that are “clearly baseless,” including “claims describing fantastic or delusional scenarios.” Neitzke v. Williams, 490 U.S. 319, 327–328, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989), see also Denton v. Hernandez, 504 U.S. 25, 33, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992) (dismissal “is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible, whether or not there are judicially noticeable facts available to contradict them”).

Starrett asks us to overturn the district court’s dismissal based on outlandish claims of near-constant surveillance, theft of intellectual property, and painful remote communication accomplished using nonexistent technology. These pleaded facts are facially implausible. Dismissal with prejudice was appropriate, the district court did not err, and we AFFIRM its judgment.

FOOTNOTES

FOOTNOTE.  

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.