Scott v. Unknown Party

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Gene Edward Scott, II, No. CV-24-02539-PHX-DJH

10 Plaintiff, ORDER

11 v.

12 Unknown Party,

13 Defendant. 14 15 Plaintiff has filed a Complaint that is patently frivolous. Therein, he alleges that 16 “only 1% of airlines for passengers are Negros owned in the United States and less than 17 2% of airlines are legally owned by Negros in the Universe.” (Doc. 1 at 4). For relief he 18 seeks “to never be @ fault” and “to be legal Gigolo during forever.” (Id. at 5). He does 19 not identify any defendants. 20 “[A] complaint, containing both factual allegations and legal conclusions is 21 frivolous where it lacks an arguable basis either in law or in fact.” Nietzke v. Williams, 22 490 U.S. 319, 325 (1989). “[A] finding of factual frivolousness is appropriate when the 23 facts alleged rise to the level of the irrational or wholly incredible, whether or not there 24 are judicially recognized facts available to contradict them.” Denton v. Hernandez, 504 25 U.S. 25, 33 (1992). 26 Moreover, in light of Plaintiff’s pattern of filing frivolous actions, see, e.g., Scott 27 v. Veterans Administration et al, 2:23-cv-01151-DWL at Doc. 12 (discussing Plaintiff’s 28 pattern of filing frivolous cases, usually accompanied by IFP applications, each a 1|| different account of Plaintiffs finances, even when filed in the same month, and then || voluntarily dismissing them), it is clear that leave to amend would be futile. 3 Accordingly, 4 IT IS ORDERED that this action is dismissed without leave to amend. The || Clerk shall terminate the action. 6 IT IS FURTHER ORDERED that the Application for Leave to Proceed In 7\| Forma Pauperis (Doc. 2), the Ex Parte Motion for Summary Judgment and Motion to 8 || Dismiss Case (Doc. 8), and Motion for Reconsideration (Doc. 9) are denied as moot. 9 Dated this 8th day of January, 2025. 10 11 ( . ip Gu □□ 12 norable’Dian¢g4. Hurfetewa 3 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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