Williams v. Newson

Summary

The United States District Court for the Southern District of California granted Walter Williams leave to proceed in forma pauperis. The court sua sponte dismissed his 42 U.S.C. § 1983 action as frivolous under 28 U.S.C. §§ 1915(e)(2)(B)(i) and 1915A(b)(1), declined to grant leave to amend, and certified that an appeal would not be taken in good faith.

Holdings

1. The court granted Plaintiff leave to proceed in forma pauperis because his account information established insufficient available funds to pay the filing fee in full, while assessing the statutory initial partial filing fee subject to 28 U.S.C. § 1915(b)(4).
2. The complaint was frivolous because its factual allegations were fanciful, fantastic, and delusional and lacked an arguable basis in law or fact. The court dismissed the action sua sponte under 28 U.S.C. §§ 1915(e)(2)(B)(i) and 1915A(b)(1).
3. Leave to amend was not warranted because the action was frivolous and therefore had no merit.

Questions Presented

1. Whether Plaintiff should be permitted to proceed in forma pauperis under 28 U.S.C. § 1915(a).
2. Whether the complaint was frivolous and therefore subject to sua sponte dismissal under 28 U.S.C. §§ 1915(e)(2)(B)(i) and 1915A(b)(1).
3. Whether leave to amend should be granted after dismissal of the complaint as frivolous.
4. Whether an appeal from the IFP dismissal would be taken in good faith.

Disposition

dismissed