Brown v. www.junhampton.com

Background

Nkosi S. Brown filed the action without a lawyer and asked to proceed without prepaying court fees. The court had granted that request in an earlier order. Brown sued WWW.JONHAMPTON.COM and WWW.MICHELE-KENNEY.COM.

Brown identified himself as a White House intern. His complaint alleged that he had been harassed for 15 years, had endured an illegible event or condition for a significant time, and had been “placed in a comment.” He also alleged “trauma constriction in Brain.” The complaint sought to employ the defendants in an illegible way on television.

Screening and dismissal

Under 28 U.S.C. § 1915(e)(2)(B), the court must dismiss a complaint filed without prepaying fees if it is frivolous, fails to state a claim, or seeks money from an immune defendant. The court explained that a complaint is frivolous when it lacks an arguable basis in law or fact, including when its factual allegations are irrational, fanciful, or wholly incredible.

The court concluded that Brown provided no plausible factual support for his allegations of harassment or being “placed in a comment.” It therefore dismissed the complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). The court also determined that amendment would be futile because the complaint was largely unintelligible and dismissed as frivolous. It declined to grant Brown permission to amend the complaint.

Order to show cause

The court stated that Brown had previously filed five other cases in the Southern District of New York that were dismissed as frivolous or for lack of subject-matter jurisdiction. The court also noted that, in one earlier case, Judge Colleen McMahon had warned Brown that further frivolous litigation could lead to an order restricting future filings without prepayment of fees.

The court ordered Brown to show cause within 30 days, by declaration, why he should not be barred from filing future civil actions in that court without prepaying fees unless he first obtained permission. The court stated that if Brown did not submit the declaration on time, or if it did not provide good cause, he would be barred from making such filings without prior permission. The order itself required Brown to respond; it did not yet impose that filing restriction.

Other disposition

The court certified that an appeal would not be taken in good faith and denied Brown the ability to proceed without prepaying fees for an appeal. The clerk was directed to keep the matter open until a civil judgment was entered.