MABRY v. STATE OF CALIFORNIA et al, No. 1:2021cv03026 - Document 3 (D.D.C. 2021)
Court Description: MEMORANDUM OPINION. The Court will grant the plaintiffs application to proceed in forma pauperis and will dismiss the complaint without prejudice as frivolous.. Signed by Judge Colleen Kollar-Kotelly on 11/22/2021. (fb)
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MABRY v. STATE OF CALIFORNIA et al Doc. 3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KEVIN DESHAN MABRY, Plaintiff, v. STATE OF CALIFORNIA, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 21-3026 (UNA) MEMORANDUM OPINION The trial 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. See Denton v. Hernandez, 504 U.S. 25, 33 (1992); Neitzke v. Williams, 490 U.S. 319, 325 (1989) (“[A] complaint, containing as it does both factual allegations and legal conclusions, is frivolous where it lacks an arguable basis either in law or in fact.”). Having reviewed the plaintiff’s complaint carefully, the Court concludes that what factual contentions are identifiable, including the plaintiff’s assertions that defendants are illegally monitoring his activities and threatening his life, are baseless and wholly incredible. The Court will grant the plaintiff’s application to proceed in forma pauperis and will dismiss the complaint without prejudice as frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i). An Order consistent with this Memorandum Opinion is issued separately. DATE: November 22, 2021 /s/ COLLEEN KOLLAR-KOTELLY United States District Judge Dockets.Justia.com
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