Emrit v. Cable News Network, Inc. et al

Filing 4

ORDER DISMISSING CASE AS FRIVOLOUS pursuant to 28 USC 1915A. Signed by Judge Thomas W. Thrash, Jr on 12/7/2015. (adg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
RONALD SATISH EMRIT,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:15-CV-3548-TWT

CABLE NEWS NETWORK, INC.
(CNN), et al.,
Defendants.

ORDER

This is an action against CNN for a news broadcast. It is before the Court for
a frivolity determination. A claim is frivolous “where it lacks an arguable basis either
in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). A complaint may
be dismissed for failure to state a claim on which relief may be granted when it
appears beyond doubt that the plaintiff can prove no set of facts in support of his claim
which would entitle him to relief. Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). This
includes claims describing fantastic or delusional scenarios, claims with which federal
district judges are all too familiar. Denton v. Hernandez, 504 U. S. 25, 32 (1992). The
Plaintiff’s suspicion that he may have been the intended subject mentioned in the news

T:\ORDERS\15\Emrit\15cv3548\r&r.wpd

broadcast about another hip-hop artist is insufficient to support a claim for
defamation. This action is DISMISSED.
SO ORDERED, this 7 day of December, 2015.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

T:\ORDERS\15\Emrit\15cv3548\r&r.wpd

-2-