Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

18-019 - Abram v. Boatman et al


Download Files

Metadata

Document in Context
18-019 - Abram v. Boatman et al
March 15, 2018
PDF | More
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The undersigned RECOMMENDS that Plaintiff's Complaint be DISMISSED without prejudice pursuant to 28 U.S.C. § 1915A(b)(1) as frivolous. Although Plaintiff has neither paid the filing fee nor filed a motion for leave to proceed in forma pauperis, the Court has the authority under 28 U.S.C. § 1915A to screen and dismiss frivolous lawsuits filed by inmates. An action is frivolous if it lacks an arguable basis in either law or fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Henson-El v. Rogers, 923 F.2d 51, 53 (5th Cir. 1991). A complaint is without an arguable basis in law if it is "based on an indisputably meritless legal theory." Neitzke, 490 U.S. at 327. The claims set forth in the case at bar have no arguable basis under federal law. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/15/2018) (plp)
April 16, 2018
PDF | More
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: IT IS THEREFORE ORDERED that Plaintiff's complaint is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915A(b)(1). The Court prospectively CERTIFIES that any appeal of this action would not be taken in good faith. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3). (Ordered by Chief Judge Barbara M.G. Lynn on 4/16/2018) (skg)