Summary
The court screens a pro se incarcerated plaintiff’s 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915A. It finds the complaint incoherent and factually frivolous, recommends denying in forma pauperis status, and recommends dismissal without leave to amend.
Holdings
- The complaint should be dismissed as frivolous because it was incoherent, presented no remotely decipherable facts or legal claims, and rested on factual contentions characterized as irrational or wholly incredible.
- Leave to amend should be denied because the complaint was frivolous and further amendment would be futile.
- The request to proceed in forma pauperis should be denied because the action appeared frivolous on the face of the complaint.
Questions Presented
- Whether the prisoner's complaint was subject to dismissal as frivolous under 28 U.S.C. § 1915A(b)(1).
- Whether the complaint should be dismissed without leave to amend because further amendment would be futile.
- Whether plaintiff's request to proceed in forma pauperis should be denied because the action was frivolous.
Disposition
other
Cases Cited (10)
- Tripati v. First Nat. Bank & Tr., 821 F.2d 1368, 1370 (9th Cir. 1987)(followed)
- Neitzke v. Williams, 490 U.S. 319, 325, 327 (1989)(followed)
- Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-557, 570 (2007)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Erickson v. Pardus, 551 U.S. 89, 93-94 (2007)(followed)
- Scheuer v. Rhodes, 416 U.S. 232, 236 (1974)(followed)
- Denton v. Hernandez, 504 U.S. 25, 33 (1992)(followed)
- California Architectural Bldg. Prod. v. Franciscan Ceramics, 818 F.2d 1466, 1472 (9th Cir. 1987)(followed)
- Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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