Bishop v. Washam

Summary

The United States District Court for the Northern District of Ohio grants James K. Bishop’s motion to proceed in forma pauperis but dismisses his complaint against Scott A. Washam. The court concludes that the complaint is duplicative of a previously filed pending action and therefore frivolous under 28 U.S.C. § 1915(e)(2)(B), and certifies that an appeal could not be taken in good faith.

Holdings

1. A duplicative in forma pauperis complaint may be dismissed sua sponte as frivolous under 28 U.S.C. § 1915(e)(2)(B). Because this complaint was identical to a still-pending complaint filed by the same plaintiff against the same defendant asserting the same causes of action, dismissal was warranted.
2. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the decision could not be taken in good faith.

Questions Presented

1. Whether an in forma pauperis complaint that duplicates an identical still-pending action may be dismissed as frivolous under 28 U.S.C. § 1915(e)(2)(B).
2. Whether the court should certify under 28 U.S.C. § 1915(a)(3) that an appeal could not be taken in good faith.

Disposition

dismissed