Opinion

Brown v. Access Hollywood

Court
District Court, District of Columbia
Filed
Aug 4, 2011
Status
Published
On the bench
Judge Henry H. Kennedy
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.4%

The opinion

UNITED STATES DISTRICT COURT F I L E D

FOR THE DISTRICT 0F COLUMBIA AUG _ 4 2011

Cle k, U. . '

Courrts fof gill

SHIRON BROWN,

Plaintiff,

v_ Civil Action No. 1 1

ACCESS HOLLYWOCD, l

Defendant.

MEMORANDUM OPINION

For purposes of this Memorandum Opinion, the Court consolidates three complaints and

applications to proceed in forma pauperz`s.

'l`he Court must dismiss a complaint if it is frivolous, malici0us, or fails to state a claim

upon which relief can be granted. 28 U.S.C. § l9l5(e)(2)(B)(i). In Neitzke v. Williams, 490 U.S.

319 (1989), the Supreme Court states that the trial court has the authority to dismiss not only

claims based on an indisputably meritless legal theory, but also claims whose factual contentions

are clearly baseless. Claims describing fantastic or delusional scenarios fall into the category of

cases whose factual contentions are clearly baseless. Id. at 328. The Court has the discretion to

decide whether a complaint is frivolous, and such finding is appropriate when the facts alleged

are irrational or wholly incredible. Denton v. Hernandez, 504 U.S. 25, 33 (1992).

Mindful that a complaint filed by a pro se litigant is held to a less stringent standard than

that applied to a formal pleading drafted by a lawyer, see Haz'nes v. Kerner, 404 U.S. 5 l9, 520

(1972), the Court concludes that the factual contentions of the plaintiffs complaints are baseless

and wholly incredible. For this reason, the consolidated complaints are frivolous and must be

dismissed. See 28 U.S.C. § l9l5(e)(2)(B)(i).

An Order accompanies this Memorandum Opinion.

united s;ét@s§/stri¢r Jud§é

DATE;

7/:7///

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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