Opinion
Civil Action No. 18-0559 (UNA)
04-16-2018
WILLIAM LEE GRANT, II, Plaintiff, v. RICHARD ABEL KABAKER, et al., Defendants.
MEMORANDUM OPINION
This 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, including its list of Questions Presented, Statement of the Issues and Statement of the Case, the Court concludes that its factual are baseless and wholly incredible.
It appears that the plaintiff has filed a substantially similar complaint in the United States District Court for the Southern District of New York, see Compl., Grant v. Kabaker, No. 1:17-cv-8580 (S.D.N.Y. Nov. 3, 2017), which has been dismissed as frivolous, Grant v. Kabaker, No. 17-CV-8580, 2018 U.S. Dist. LEXIS 6884, at *3 (S.D.N.Y. Jan. 11, 2018). --------
The Court will grant the plaintiff's application to proceed in forma pauperis and will dismiss the complaint as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i). An Order consistent with this Memorandum Opinion is issued separately. DATE: 4/16/18
/s/_________
United States District Judge