Kevin W. Cassaday v. Verizon Inc., Yahoo!, Google, Inc., Facebook, and AT&T

Summary

The Southern District of New York dismisses Kevin W. Cassaday’s in forma pauperis complaint as frivolous and for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B). The court also dismisses any claims seeking criminal prosecution of the defendants and declines to grant leave to amend. In light of Cassaday’s litigation history, the court orders him to show cause within 30 days why he should not be barred from filing future in forma pauperis actions in the court without prior permission.

Holdings

1. The complaint was frivolous because its factual allegations were irrational and lacked any arguable basis in law or fact.
2. The complaint failed to state a claim upon which relief could be granted.
3. Plaintiff could not initiate or compel criminal prosecutions against defendants and lacked standing to do so.
4. Leave to amend was properly denied because amendment would be futile.
5. The court ordered plaintiff to show cause why an injunction should not bar him from filing future IFP actions in the court without prior permission.

Questions Presented

1. Whether the complaint was frivolous or failed to state a claim under 28 U.S.C. § 1915(e)(2)(B).
2. Whether plaintiff could pursue claims based on federal criminal statutes or direct the initiation of criminal prosecutions.
3. Whether plaintiff should receive leave to amend.
4. Whether the court could order plaintiff to show cause why an injunction restricting future IFP filings should not be imposed.

Disposition

dismissed