Bain v. Bain
- Colleen McMahon
- 1:19-cv-09566
- U.S. District Court · Southern District of New York
- 4
Judge McMahon dismissed Bain v. Bain as frivolous and denied fee-free status for an appeal.
Nikole Ann Bain was the only plaintiff the court recognized in this action; the listed minor child was not treated as a plaintiff, and the action against the defendants was dismissed as frivolous.
What happened
In Bain v. Bain, Nikole Ann Bain sued numerous defendants and asked the court to set aside decisions in earlier Utah cases, take control of Utah, and provide military and financial assistance. Although a minor child was listed as a plaintiff, the court treated Bain as the only plaintiff because she signed the complaint and was not a lawyer.
The court found that Bain’s allegations were irrational and had no legal basis. It dismissed the action as frivolous under the federal law governing complaints filed without paying filing fees and declined to allow an amended complaint because the defects could not be fixed.
Judge Colleen McMahon ordered the dismissal and certified that an appeal would not be taken in good faith, so Bain was denied permission to appeal without paying fees.
The detailed version
- Bain v. Bain · No. 1:19-cv-09566
- Colleen McMahon
- Dec. 3, 2019
Background
Nikole Ann Bain filed the action while representing herself and invoked federal-question jurisdiction. The caption also listed “Minor Child B.A.B.” as a plaintiff. Because Bain was the only person who signed the complaint and acknowledged that she was not an attorney, the court treated her as the only plaintiff. The court explained that a person representing herself cannot bring claims on behalf of another person, including a minor child.
The court had previously allowed Bain to proceed without paying filing fees. She asked the court to set aside decisions in several earlier cases she had filed in the U.S. District Court for the District of Utah. The opinion states that those cases had been dismissed or recommended for dismissal without prejudice, including for failure to prosecute or lack of subject-matter jurisdiction.
Claims and allegations
Bain alleged that she had “attained legal sovereignty at age 16” and that the case concerned land ownership in Utah, the Utah War, and an allegedly breached treaty. She also alleged genocide, treason, domestic terrorism, obstruction of justice, and interference with the constitutional guarantee of a republican form of government.
Bain requested immediate control and management of Utah, personal protection and assistance from the United States Navy, the return of her minor child, the return of property allegedly taken from carry-on luggage, relief from alleged state crimes, a one-time monetary grant, recurring monthly payments, and military assistance to secure Utah.
Court’s analysis
The court applied the statute requiring dismissal of a complaint filed without prepaying fees if it is frivolous, malicious, fails to state a claim, or seeks money from an immune defendant. It also noted that dismissal is required when the court lacks subject-matter jurisdiction. A claim is frivolous when it lacks an arguable legal or factual basis.
Even after liberally interpreting Bain’s self-represented filings, the court concluded that her claims were irrational and that no legal theory supported them. It therefore dismissed the claims as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). The court declined to give Bain an opportunity to amend because it determined that the defects could not be cured by amendment.
Disposition
Judge Colleen McMahon ordered that the action be dismissed as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Bain permission to proceed without paying fees for an appeal. The opinion does not state that the dismissal was with or without prejudice.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.