PENK v. WARDEN

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
PAGE PENK, )
)
Plaintiff, )
)
v. ) Civil Action No. 25-3977 (UNA)
)
THE HONORABLE WARDEN, )
LAS ANIMAS COUNTY JAIL, )
)
Defendant. )
MEMORANDUM OPINION
The trial court has the discretion to decide whether a complaint is frivolous, and such
finding is appropriate when the facts alleged are irrational or wholly incredible. See Denton v.
Hernandez, 504 U.S. 25, 33 (1992); Neitzke v. Williams, 490 U.S. 319, 325 (1989) (“[A]
complaint, containing as it does both factual allegations and legal conclusions, is frivolous where
it lacks an arguable basis either in law or in fact.”). Having reviewed plaintiff’s complaint, the
Court concludes that what factual contentions are identifiable, including the plaintiff’s proposed
methods for disposing of solid human waste, see Dkt. 1 at 1, and for female contraception, see id.
at 2, are baseless and wholly incredible.
The Court will grant plaintiff’s application to proceed in forma pauperis and will dismiss
the complaint and this civil action without prejudice as frivolous. See 28 U.S.C. §
1915(e)(2)(B)(i). An Order consistent with this Memorandum Opinion is issued separately.
DATE: December 5, 2025 /s/
ANA C. REYES
United States District Judge
Case 1:25-cv-03977-UNA Document 3 Filed 12/05/25 Page 1 of 1