Washington v. Any or all Public, State of Wilmington, Delaware
Filing
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MEMORANDUM OPINION re 3 COMPLAINT. Signed by Judge Richard G. Andrews on 10/26/2012. (nms)
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SHERRY WASHINGTON,
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Plaintiff,
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v.
Civ. No. 12-1172-RGA
ANY OR ALL PUBLIC, STATE OF
WILMINGTON, DELAWARE,
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Defendant.
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Sherry Washington, Wilmington, Delaware, ProSe Plaintiff.
MEMORANDUM OPINION
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J/o,
October
2012
Wilmington, Delaware
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Plaintiff Sherry Washington appears pro se and has been granted leave to
proceed in forma pauperis. She filed a complaint (D.I. 3) alleging discrimination for the
past 49 to 62 years.
This Court must dismiss certain in forma pauperis actions that are frivolous,
malicious, or fail to state a claim. See 28 U.S.C. § 1915(e)(2). The Court must accept
all factual allegations in a complaint as true and take them in the light most favorable to
a prose plaintiff. See Phillips v. County of Allegheny, 515 F.3d 224, 229 (3d Cir. 2008).
An action is frivolous if it "lacks an arguable basis either in law or in fact." Neitzke v.
Williams, 490 U.S. 319, 325 (1989). Under 28 U.S.C. § 1915(e)(2)(B)(i), a court may
dismiss a complaint as frivolous if it is "based on an indisputably meritless legal theory"
or a "clearly baseless" or "fantastic or delusional" factual scenario. Neitzke, 490 U.S. at
327-28. Because Plaintiff proceeds prose, the pleading is liberally construed and the
Complaint, "however inartfully pleaded, must be held to less stringent standards than
formal pleadings drafted by lawyers." Erickson v. Pardus, 551 U.S. 89, 94 (2007)
(internal quotation marks omitted).
The instant Complaint contains nonsensical and delusional allegations about the
C.I.A., Secret Service, the Fed's and other entities engaged in a litany of discriminatory
acts including, but not limited to, "incarnation, incarnivious [sic], impersonation,
misrepresentations, posterations [sic], oncology, taxi, necrology.... " (D.I. 3,
1f 9.)
After review, the Court finds that the Complaint is frivolous under Denton v. Hernandez,
504 U.S. 25, 32-33 (1992) (allegations are frivolous if they are "fanciful," "delusional," or
"fantastic").
For the above reasons, the Court will dismiss the Complaint as frivolous
pursuant to 28 U.S.C. § 1915(e)(2)(8). Amendment is futile. Plaintiff is advised that the
filing of further frivolous actions will result in the imposition of more serious sanctions
than dismissal.
An appropriate order will be entered.
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