Allen v. Cole

Background

Kent A. Allen proceeded without a lawyer and invoked the federal diversity-of-citizenship statute as the basis for jurisdiction. He alleged that, when he was nine years old, he dated Keyshia Cole, helped develop her as an R&B singer, trained her, identified flaws in her music, and wrote lyrics with her. He also alleged that he created the name “SUNRUN,” gave that name to Cole, and gave her the idea for Instagram. Allen sought compensation and credit for his alleged contributions.

The court had previously allowed Allen to proceed without paying the filing fee. The opinion states that Allen had filed twelve similar actions in the court since April 19, 2021. It also states that another order directed him to explain why he should not be barred from filing additional actions without paying fees unless he first received court permission. As of this order, Allen had not submitted the required declaration. The court warned that continued frivolous or vexatious litigation could result in additional filing restrictions.

Court’s Analysis

The court construed Allen’s allegations as claims for copyright infringement. To state such a claim, a plaintiff must allege ownership of a valid copyright and unauthorized copying of original elements of a protected work. Copyright protection covers an original work’s expression, but not an idea, concept, or principle by itself.

The court held that Allen failed to state a copyright claim because he did not allege that he created a tangible expression of his ideas or that he owned a copyright. The allegations that he helped develop Cole, created the name “SUNRUN,” and had the idea for Instagram therefore did not state a claim for relief under the Copyright Act.

The court also considered whether the complaint was frivolous under the statute governing lawsuits filed without prepaying fees. It found that the complaint lacked any arguable basis in law or fact and described Allen’s allegation that, as a nine-year-old, he created the idea for “SUNRUN” and gave it to Cole as baseless. The court determined that the complaint could not be fixed by amendment, so it did not provide an opportunity to amend.

Disposition

The court dismissed Allen’s complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii) and as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). Judge Laura Taylor Swain also certified that any appeal would not be taken in good faith and denied Allen permission to proceed without prepaying fees for an appeal. The order did not state whether the dismissal was with prejudice or without prejudice.