Davis

Davis v. Breed

Good Law
United States District Court, Northern District of CaliforniaDecember 13, 20194:19-cv-03419California550 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JIMMY LEE DAVIS, Case No. 19-cv-03419-PJH Plaintiff,

v. ORDER DISMISSING ACTION WITH

PREJUDICE

CITY OF SAN FRANCISCO, Re: Dkt. Nos. 17, 19 Defendant.

13 Pending before the court is plaintiff Jimmy Lee Davis’s amended complaint. Because plaintiff has been granted permission to proceed in this action in forma pauperis (“IFP”) (Dkt. 5), the court reviews his complaint pursuant to 28 U.S.C. § 1915. That review “accords judges . . . the unusual power to pierce the veil of the complaint's factual allegations and dismiss those claims whose factual contentions are clearly baseless.” Denton v. Hernandez, 504 U.S. 25, 32–33 (1992) (“a finding of factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible”) (quoting Neitzke v. Williams, 490 U.S. 319, 327 (1989)). “[C]laims describing fantastic or delusional scenarios” are clearly baseless. Id. On August 13, 2019, this…

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