NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 27 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

VINTON P. FROST, No. 20-15063

Plaintiff-Appellant, D.C. No. 4:19-cv-07144-PJH

v.

MEMORANDUM*

FEDERAL COMMUNICATIONS

COMMISSION,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding

Submitted May 18, 2021**

Before: CANBY, FRIEDLAND, and VANDYKE, Circuit Judges.

Vinton P. Frost appeals pro se from the district court’s judgment dismissing

his action alleging a variety of federal statutory violations. We have jurisdiction

under 28 U.S.C. § 1291. We review for an abuse of discretion a district court's

dismissal of an action as frivolous. Denton v. Hernandez, 504 U.S. 25, 33 (1992).

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). We affirm.

The district court did not abuse its discretion by dismissing Frost’s action as

frivolous because Frost’s complaint, liberally construed, lacks an arguable basis in

fact. See id. at 32-33 (explaining that a claim lacks an arguable basis in fact “when

the facts alleged rise to the level of the irrational or the wholly incredible”).

We reject as without merit Frost’s contention that the district court ignored a

request to add a defendant to Frost’s complaint.

AFFIRMED.

2 20-15063