Summary
The United States District Court for the District of South Carolina dismisses without prejudice and without issuance or service of process a pro se plaintiff's action brought on behalf of Sean Combs. The court adopts the magistrate judge's recommendation that the claims are frivolous but declines at this time to impose a pre-filing injunction, while warning that future sanctions may be considered.
Holdings
- The action was clearly frivolous and was properly dismissed without prejudice and without issuance and service of process.
- A pro se litigant may not pursue the action in a representative capacity for another person; the complaint was therefore construed only as asserting claims by Plaintiff herself, not by M-EDIF or Sean P. Combs.
- The court declined at that time to issue a pre-filing injunction, while warning Plaintiff that sanctions could be considered if the pattern of conduct continued.
Questions Presented
- Whether the action should be dismissed without prejudice and without issuance and service of process as frivolous.
- Whether the court should impose a pre-filing injunction based on Plaintiff's purported representative filing and pattern of frivolous litigation.
Disposition
dismissed
Cases Cited (4)
- Mathews v. Weber, 423 U.S. 261, 270-71 (1976)(followed)
- Cruz v. Beto, 405 U.S. 319 (1972)(followed)
- Haines v. Kerner, 404 U.S. 519 (1972)(followed)
- Weller v. Department of Social Services, 901 F.2d 387 (4th Cir. 1990)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…