Riches v. LexisNexis Group et al

Filing 3

Order - plaintiff's complaint is dismissed. Because it is apparent that the deficiencies of the complaint cannot be cured by amendment, the dismissal is with prejudice. Signed on 5/5/09 by U.S. District Judge Michael R. Hogan. (sln)

Riches v. LexisNexis Group et al

Doc. 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

JONATHAN LEE RICHES,
Civil No. 09-6118-CL

Plaintiff,
ORDER TO DISMISS

LEXIS-NEXIS GROUP, et al.,

Defendants,
HOGAN, District Judge.

Plaintiff filed a complaint but did not pay the filing fee or

request in forma pauperis status.

Nevertheless, plaintiff is However, f o r

hereby granted leave to proceed in forma p a u p e r i s .

the reasons set forth below, plaintiff's complaint is dismissed,
without service of process, on the basis that it is frivolous.

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ORDER TO PROCEED IN FORMA PAUPERIS AND ORDER TO DISMISS

Dockets.Justia.com

See 28 U.S.C.

§

191.5 (d).
BACKGROUND

Plaintiff, an

inmate

at

the

Federal

~edical Center,

Lexington, Kentucky, filed a complaint alleging all sorts of unintelligible matters having to do with defendants appropriating his name and/or identity for use in their legal publications.
STANDARDS

A complaint filed in forma pauperis may be dismissed before

service of process if it is deemed frivolous under 28 U.S.C.

§

1915(d). Neitzke v. Williams, 490 U.S. 319, 324 (1989); Jackson v. State of Ariz., 885 F.2d 639, 640 (9th Cir. 1989) . A complaint

is frivolous "where it lacks an arguable basis in law or in fact."
Nietzke, 490 U.S. at 325; L o m z v. Dept. of Health Services, 939
F.2d 881, 882 (9th Cir. 1991); Jackson, 885 F.2d at 640. The term

" lfrivolous' .

.

.

embraces not only the inarguable legal

conclusion, but also the fanciful factual allegation." Neitzke, 490 U.S. at 325 (footnote omitted); McKeever v. Block, 932 F.2d
795, 798 (9th Cir. 1991); Jackson, 885 F.2d at 640.

Accordingly, in reviewing a complaint for frivolity, a trial
court may "pierce the veil of the complaintlsfactual allegations

and dismiss those claims whose factual contentions are clearly

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ORDER TO PROCEED IN FORMA PAUPERIS AND ORDER TO DISMISS

baseless." Neitzke, 490 U.S. at 327.

In so doing, the assessment

of the f a c t u a l allegations must be weighted in favor of the plaintiff. Denton v. Hernandez, 112 S-Ct. 1728, 1733 (1992). llBaselessll claims subject to sua sponte dismissal include those "describing fantastic or delusional scenarios." Neitzke,

490 U.S. a t 328; Denton, 112 S.Ct. at 1733; McReever, 932 F.2d at

798.

" [A] finding of factual frivolousness is appropriate when

the facts alleged rise to the level of the irrational or the wholly incredible." Denton, 112 S.Ct. at 1733.
DISCUSSION

This court finds that the factual allegations in the instant case are irrational and wholly incredible. Regardless of how

liberally the complaint is construed, the allegations fail to state a claim.
CONCLUSION

Based on the foregoing, IT IS ORDERED t h a t plaintiff's complaint is DISMISSED. Because it is apparent that the

deficiencies of the complaint cannot be cured by amendment, the

3 - ORDER TO PROCEED I N FORMA PAUPERIS AND ORDER TO D I S M I S S

dismissal is with prejudice-l

IT IS SO ORDERED. DATED this d d a y of May, 2009.

PQ

nited

t a t e s D i s t r i c t Judge

J

Dismissal with p r e j u d i c e refers t o p l a i n t i f f ' s ability to f i l e a n o t h e r i n forma p a u p e r i s action raising the same claim. &g Denton v . Hernandez, 1 1 2 S.Ct 1728, 1734 (1992).

.

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