Blanton v. Unknown

Filing 2

ORDER Sua Sponte Dismissing Complaint as Frivolous Pursuant to 28 U.S.C. 1915A(b). Good cause appearing, it is hereby ordered that Plaintiff's Complaint is hereby dismissed as frivolous. Moreover, because the Court finds amendment of Plaintiffs claims would be futile at this time, leave to amend is denied. Further, this Court certifies that any IFP appeal from this Order would not be taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3). The Clerk shall enter judgment for the Defendants and close the file. Signed by Judge Michael M. Anello on 11/8/2010.(All non-registered users served via U.S. Mail Service)(leh)

-BGS Blanton v. Unknown

Doc. 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

KENNETH BLANTON, #060763-0 Plaintiff, vs. UNKNOWN, Defendants.

Civil No.

10-2289 MMA (BGS)

ORDER SUA SPONTE DISMISSING COMPLAINT AS FRIVOLOUS PURSUANT TO 28 U.S.C. § 1915A(b)

Plaintiff, Kenneth Blanton, currently housed at Atascadero State Hospital located in Atascadero, California and proceeding pro se, has filed a Complaint. Plaintiff has not prepaid the initial civil filing fee nor has he filed a Motion to Proceed In Forma Pauperis ("IFP"). I. Initial Screening per 28 U.S.C. § 1915A(b) The Prison Litigation Reform Act ("PLRA"), 28 U.S.C. § 1915A, obligates the Court to review complaints filed by anyone "incarcerated or detained in any facility who is accused of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms or conditions of parole, probation, pretrial release, or diversionary program," "as soon as practicable after docketing" and regardless of whether the prisoner prepays filing fees or moves to proceed IFP. See 28 U.S.C. § 1915A(a), (c). The Court must sua sponte dismiss prisoner complaints, or any
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portions thereof, which are frivolous, malicious, or fail to state a claim upon which relief may be granted. 28 U.S.C. § 1915A(b); Resnick v. Hayes, 213 F.3d 443, 446-47 (9th Cir. 2000). Plaintiff's Complaint is incomprehensible. The Complaint mainly consists of what appear to be complaints directed to staff at Atascadero State Hospital. A complaint is frivolous "where it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). Here, the Court finds Plaintiff's claims to be frivolous under § 1915A because they lack even "an arguable basis either in law or in fact," and appear "fanciful," "fantastic," or "delusional." Neitzke, 490 U.S. at 325, 328. Thus, the Court dismisses the entirety of Plaintiff's Complaint as frivolous pursuant to 28 U.S.C. § 1915A. II. Conclusion and Order Good cause appearing, IT IS HEREBY ORDERED that: 1. Plaintiff's Complaint is DISMISSED as frivolous pursuant to 28 U.S.C. § 1915A. Moreover, because the Court finds amendment of Plaintiff's claims would be futile at this time, leave to amend is DENIED. See Cahill v. Liberty Mut. Ins. Co., 80 F.3d 336, 339 (9th Cir. 1996) (denial of a leave to amend is not an abuse of discretion where further amendment would be futile); see also Robinson v. California Bd. of Prison Terms, 997 F. Supp. 1303, 1308 (C.D. Cal. 1998) ("Since plaintiff has not, and cannot, state a claim containing an arguable basis in law, this action should be dismissed without leave to amend; any amendment would be futile.") (citing Newland v. Dalton, 81 F.3d 904, 907 (9th Cir. 1996)). 2. Further, this Court CERTIFIES that any IFP appeal from this Order would not be taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3). See Coppedge v. United States, 369 U.S. 438, 445 (1962); Gardner v. Pogue, 558 F.2d 548, 550 (9th Cir. 1977) (indigent appellant is permitted to proceed IFP on appeal only if appeal would not be frivolous). The Clerk shall enter judgment for the Defendants and close the file. IT IS SO ORDERED.

DATED: November 8, 2010 Hon. Michael M. Anello United States District Judge
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