Brett v. Unknown Latin American Man

Filing 7

MEMORANDUM - Signed by Judge Gregory M. Sleet on 4/23/13. (rwc)

IN THE UNITED STATES DISTRlCT COURT

FOR THE DISTRlCT OF DELAWARE

FRANK BRETT,

)

)

)

Plaintiff,

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v.

) Civ. Action No. 12-1751-GMS
)

UNKNOWN LATIN AMERlCAN MAN,
Defendant.

)

)

)

MEMORANDUM
The plaintiff, Frank Brett ("Brett"), filed this lawsuit on December 21, 2012. (D'!.3.) He
appears pro se and was granted permission to proceed in forma pauperis pursuant to 28 U.S.c.

§ 1915. (D. I. 6.) The court now proceeds to review and screen the complaint pursuant to 28 U.S.c.
§ 1915.

1. BACKGROUND
Brett, who resides in Philadelphia, Pennsylvania, filed this case alleging discrimination
based upon sex. Brett alleges that when he came to court in December 2012 and unknown Latin
American Man Marshal ("the defendant") called out "Internal Revenue Service" even though
Brett showed him a paper where he was going. Brett alleges that the defendant followed him to
Fairfax, Virginia; Washington, D.C.; Baltimore, Maryland; and back to the Delaware federal
court. Brett seeks one million dollars in compensatory damages and injunctive relief.
II. STANDARD OF REVIEW
This court must dismiss, at the earliest practicable time, certain in forma pauperis actions
that are frivolous, malicious, fail to state a claim, or seek monetary relief from a defendant who is
immune from such relief. 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 pro se plaintiff.

Phillips v. County ofAllegheny, 515 F.3d 224, 229 (3d Cir. 2008); Erickson v. Pardus, 551 U.S.
89,93 (2007). Because Brett proceeds pro se, his pleading is liberally construed and his
complaint, "however inartfully pleaded, must be held to less stringent standards than formal
pleadings drafted by lawyers." Erickson v. Pardus, 551 U.S. at 94 (citations omitted).
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 at 327-28; Wilson v. Rackmill,
878 F.2d 772, 774 (3d Cir. 1989).
The legal standard for dismissing a complaint for failure to state a claim pursuant to

§

1915(e)(2)(B)(ii) is identical to the legal standard used when ruling on 12(b)(6) motions.

Tourscher v. McCullough, 184 F.3d 236,240 (3d Cir. 1999) (applying Fed. R. Civ. P. 12(b)(6)
standard to dismissal for failure to state a claim under § 1915(e)(2)(B)). However, before
dismissing a complaint or claims for failure to state a claim upon which relief may be granted
pursuant to the screening provisions of28 U.S.c. § 1915, the court must grant Brett leave to
amend his complaint unless amendment would be inequitable or futile. See Grayson v. Mayview

State Hasp., 293 F .3d 103, 114 (3d Cir. 2002).
A well-pleaded complaint must contain more than mere labels and conclusions. See

Ashcroft v. Iqbal, 556 U.S. 662 (2009); Bell At!. Corp. v. Twombly, 550 U.S. 544 (2007). The
assumption of truth is inapplicable to legal conclusions or to "[t]hreadbare recitals of the elements
of a cause of action supported by mere conclusory statements." Id. at 678. When determining

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whether dismissal is appropriate, the court conducts a two-part analysis. Fowler v. UPMC

Shadyside, 578 F.3d 203,210 (3d Cir. 2009). First, the factual and legal elements ofa claim are
separated. Id. The court must accept all of the complaint's well-pleaded facts as true, but may
disregard any legal conclusions. Id. at 210-11. Second, the court must determine whether the
facts alleged in the complaint are sufficient to show that Brett has a "plausible claim for relief."J

Id. at 211. In other words, the complaint must do more than allege Brett's entitlement to relief;
rather it must "show" such an entitlement with its facts. Id. "[W]here the well-pleaded facts do
not permit the court to infer more than a mere possibility of misconduct, the complaint has alleged
- but it has not shown - that the pleader is entitled to relief." Iqbal, 556 U.S. at 678 (quoting Fed.
R. Civ. P. 8(a)(2)).

III. DISCUSSION
Brett alleges discriminatory by reason of sex. However, the conclusory allegations do not
rise to the level of discrimination. In addition, while there are other allegations, they do not refer
to the defendant. After thoroughly reviewing the complaint, the court draws on its judicial
experience and common sense and finds that the allegations are not plausible on their face.
Indeed, the complaint consists of fantastical or delusional claims that are clearly baseless and they
are insufficient to withstand this court's evaluation for frivolity dismissaL See Denton v.

Hernandez, 504 U.S. 25, 33 (1992).

JA claim is facially plausible when its factual content allows the court to draw a
reasonable inference that the defendant is liable for the misconduct alleged. Iqbal, 556 U.S. at
678 (quoting Twombly, 550 U.S. at 570). The plausibility standard "asks for more than a sheer
possibility that a defendant has acted unlaVvfully." Id. "Where a complaint pleads facts that are
'merely consistent with' a defendant's liability, it 'stops short of the line between possibility and
plausibility of 'entitlement to relief. ", Id.
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Because the court finds the allegations the complaint wholly lacking in both terms of
credibility and rationality, the complaint will be dismissed as frivolous pursuant to 28 U.S.C.

§ 1915(e)(2)(B)(i). In light of the nature of Brett's claims, the court finds that amendment would
be futile. See Alston v. Parker, 363 F.3d 229 (3d Cir. 2004); Grayson v. Mayview State Hosp.,
293 F.3d 103, 111 (3d Cir. 2002); Borelli v. City ofReading, 532 F.2d 950,951-52 (3d Cir. 1976).

IV. CONCLUSION
The court will dismiss the complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
Amendment of the complaint would be futile. See Alston v. Parker, 363 F.3d 229 (3d Cir. 2004);

Grayson v. Mayview State Hosp., 293 F.3d 103, 111 (3d Cir. 2002); Borelli v. City ofReading,
532 F.2d 950, 951-52 (3d Cir. 1976).
An appropriate order will be entered.

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11£:
,2013
Wi~ngton, Del~are

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