Austin v. Budget Rental Car, Inc.

Good Law
United States District Court, Northern District of CaliforniaSeptember 17, 20203:20-cv-06229California1,713 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GEORGE JARVIS AUSTIN, Case No. 20-cv-06229-AGT

Plaintiff,

SCREENING ORDER

v. 9 Re: Dkt. Nos. 1, 4 BUDGET RENTAL CAR, INC., Defendant.

Having granted George Jarvis Austin’s application to proceed in forma pauperis, the Court now screens his complaint, pursuant to 28 U.S.C. § 1915(e)(2), and concludes that it is deficient in several respects. The Clerk of the Court is accordingly instructed not to issue summonses or to serve Austin’s complaint on the defendants. If Austin fails to file a satisfactory amendment, the undersigned will recommend that a district judge dismiss his case. * * * 1. Federal courts are required to sua sponte dismiss frivolous in forma pauperis complaints. See 28 U.S.C. § 1915(e)(2)(B)(i). Falling under the umbrella of frivolous in this context are complaints with allegations that “rise to the level of the irrational or the wholly incredible.” Denton v. Hernandez, 504 U.S. 25, 33 (1992). Austin’s allegations…

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