Wright v. Capital One Auto Finance et al

Filing 4

ORDER DISMISSING CASE. Signed by District Judge Victoria A. Roberts. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DYNELL EL TRIBE WRIGHT,
Plaintiff,

CASE NUMBER: 14-14783
HONORABLE VICTORIA A. ROBERTS

v.
CAPITAL ONE AUTO FINANCE, et al.,
Defendants.
/
ORDER
On December 18, 2014, Dynell El Tribe Wright filed a pro se Complaint against:
(1) Capital One Auto Finance, and (2) Dave Lawson, DBA Capital One Auto Finance.
Wright’s claims include violations of the Vienna Convention on Diplomatic [Relations]
10(a) and multiple sections of United States Code causing Wright to overpay the
Defendant “in the amount of $2,778.89 as well as negative information being reported to
the credit bureaus.” Wright also alleges that Defendants have agreed to pay Wright
$3,500,000.00 in charges for use of his name and intellectual property for unlawful gain.
Wright requests to proceed in forma pauperis.
Wright’s Complaint is DISMISSED as frivolous, and his request to proceed in
forma pauperis is GRANTED.
Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court shall dismiss an action filed in
forma pauperis at anytime if the Court finds that it is factually frivolous, malicious, fails to
state a claim upon which relief may be granted, or seeks monetary relief against a
defendant who is immune from suit. Factual frivolousness includes allegations that are
“clearly baseless,” “fantastic,” or “delusional.” See Neitzke v. Williams, 490 U.S. 319,

327-28 (1989). Further, Neitzke explains that, “a complaint. . . is frivolous where it lacks
an arguable basis either in law or in fact. . . [and] when applied to a complaint,
embraces not only the inarguable legal conclusion, but also the fanciful factual
allegation.” Id. at 325.
Wright’s complaint is frivolous in that it alleges violations of laws that provide no
claims for relief for his issues and facts that seek fantastical amounts of damages.
Wright’s Complaint states that Defendants have “already agreed to pay plaintiff
$3,500,000.00 in charges” as well as protection under the Vienna Convention on
Diplomatic Relations and several sections of United States Code that have no relation
to his claims for relief.
The Court finds Wright’s Complaint frivolous pursuant to Section 1915(e), as it is
fantastic, delusional, and clearly baseless.
Wright’s Complaint is DISMISSED. Wright’s request to proceed in forma
pauperis is GRANTED.
IT IS ORDERED.

s/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: January 23, 2015
The undersigned certifies that a copy of this
document was served on the attorneys of
record by electronic means or U.S. Mail on
January 23, 2015.
s/Carol A. Pinegar
Deputy Clerk

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