Public-domain · open source
OpenJurist

68 F. App'x 761

James E. Wilson v. Dr. Michael Johnston

U.S. Courts of Appeals

Decided June 30, 2003

This page is marked noindex.

U.S. Courts of Appeals · decided 2003-06-30

Cited by 2 later decisions — most recently November 2012

Applies 28 U.S.C. § 1915

Relies on Neitzke v. Williams · Denton v. Hernandez

Good law ✅— No negative treatment on recordhow we know

Decided 2003-06-30

View the full empirical analysis of this case →

PER CURIAM.

¶1 James E. Wilson appeals from the dismissal of his civil suit. Having reviewed the record, we conclude that the district court 1 did not abuse its discretion in dismissing the complaint as frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i) (court shall dismiss case if it determines action is frivolous); Denton v. Hernandez, 504 U.S. 25, 32-34, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992) (standard of review; court may dismiss complaint of plaintiff proceeding in forma pauperis (IFP) as frivolous, and disregard clearly baseless, fanciful, fantastic, or delusional factual allegations); Neitzke v. Williams, 490 U.S. 319, 324, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989) (noting that plaintiff proceeding IFP lacks economic incentive to refrain from filing frivolous, malicious, or repetitive lawsuits). However, we modify the dismissal to be without *762 prejudice to the filing of a paid complaint. See Denton, 504 U.S. at 34, 112 S.Ct. 1728.

¶2 The judgment is affirmed, as modified. See 8th Cir. R. 47A(a). We deny all pending motions.

¶3 A true copy.

1

¶4 . The Honorable Carol E. Jackson, Chief Judge, United States District Court for the Eastern District of Missouri.

/68/fappx/761 · .json · Public domain