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Looper v. Cluck

United States District Court, E.D. Oklahoma

May 22, 2019

Stephanie Looper and Kelvin Looper, Plaintiffs,
v.
Austin Cluck and Ryan Robison, Defendants.

          OPINION AND ORDER

          Honorable Ronald A. White United States District Judge.

         Before 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.

         The 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).

         28 U.S.C. § 1915

         Section 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; or
(iii) seeks monetary relief against a defendant who is immune from such relief.

28 U.S.C.A.§ 1915(e)(2).

         A 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.

         Sua Sponte Dismissal

         "Sua 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 ...


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