Scott v. Unknown Party

Filing 10

ORDER - This action is dismissed without leave to amend. The Clerk shall terminate the action. Plaintiff's Application for Leave to Proceed In Forma Pauperis (Doc. 2 ), Ex Parte Motion for Summary Judgment and Motion to Dismiss Case (Doc. 8 ), and Motion for Reconsideration (Doc. 9 ) are denied as moot. Signed by Judge Diane J Humetewa on 1/8/25. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Gene Edward Scott, II,

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Plaintiff,

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v.

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Unknown Party,

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No. CV-24-02539-PHX-DJH
ORDER

Defendant.

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Plaintiff has filed a Complaint that is patently frivolous. Therein, he alleges that

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“only 1% of airlines for passengers are Negros owned in the United States and less than

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2% of airlines are legally owned by Negros in the Universe.” (Doc. 1 at 4). For relief he

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seeks “to never be @ fault” and “to be legal Gigolo during forever.” (Id. at 5). He does

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not identify any defendants.

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“[A] complaint, containing both factual allegations and legal conclusions is

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frivolous where it lacks an arguable basis either in law or in fact.” Nietzke v. Williams,

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490 U.S. 319, 325 (1989). “[A] finding of factual frivolousness is appropriate when the

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facts alleged rise to the level of the irrational or wholly incredible, whether or not there

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are judicially recognized facts available to contradict them.” Denton v. Hernandez, 504

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U.S. 25, 33 (1992).

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Moreover, in light of Plaintiff’s pattern of filing frivolous actions, see, e.g., Scott

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v. Veterans Administration et al, 2:23-cv-01151-DWL at Doc. 12 (discussing Plaintiff’s

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pattern of filing frivolous cases, usually accompanied by IFP applications, each a

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different account of Plaintiff’s finances, even when filed in the same month, and then

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voluntarily dismissing them), it is clear that leave to amend would be futile.

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Accordingly,

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IT IS ORDERED that this action is dismissed without leave to amend. The

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Clerk shall terminate the action.

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IT IS FURTHER ORDERED that the Application for Leave to Proceed In

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Forma Pauperis (Doc. 2), the Ex Parte Motion for Summary Judgment and Motion to

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Dismiss Case (Doc. 8), and Motion for Reconsideration (Doc. 9) are denied as moot.

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Dated this 8th day of January, 2025.

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Honorable Diane J. Humetewa
United States District Judge

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