United States District Court, E.D. Oklahoma
OPINION AND ORDER
Honorable Ronald A. White United States District Judge.
the court are Plaintiffs' Complaint [Docket No. 2] and
Motion for Leave to Proceed in Forma Pauperis
("IFP") [Docket No. 3]. The motion for IFP is
granted. Plaintiffs filed this lawsuit against the Defendants
alleging they violated Plaintiffs' civil rights by
kidnapping their children on March 27, 2018. Defendants are
deputies of the Cherokee County Sheriff's Office.
court construes Plaintiffs' allegations liberally as they
are pro se. See Haines v. Kerner, 404 U.S. 519
(1972). Plaintiffs' arguments, throughout the Complaint,
are "completely lacking in legal merit and patently
frivolous." Lonsdale v. United States, 919 F.2d
1440, 1448 (10th Cir. 1990).
U.S.C. § 1915
1915 of the United States Code, Title 28, states as follows:
(2) Notwithstanding any filing fee, or any portion thereof,
that may have been paid, the court shall dismiss the case at
anytime if the court determines that-
(B) the action or appeal-
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted;
(iii) seeks monetary relief against a defendant who is immune
from such relief.
28 U.S.C.A.§ 1915(e)(2).
complaint is frivolous "where it lacks an arguable basis
either in law or in fact." Further, the term frivolous
"embraces not only the inarguable legal conclusion, but
also the fanciful factual allegation." Neitzke v.
Williams, 490 U.S. 319, 325 (1989). A plaintiff is not
required to make out a perfect case in their complaint.
Rather, "It suffices for him to state claims that are
rationally related to the existing law and the credible
factual allegations." Lemmons v. Law Firm of Morris
and Morris, 39 F.3d 264 (10th Cir. 1994). In
the instant case, the court finds there is no cognizable
claim under the statutes cited by Plaintiffs.
sponte dismissals are generally disfavored by the
courts." Banks v. Vio Software, 275 Fed.Appx.
800 (10th Circ. 2008). A court shall dismiss a
case at any time, however, if the court determines that the
action fails to state a claim on which relief may be granted,
or seeks monetary relief against a defendant ...