Background
The appellant filed a complaint in the United States District Court for the District of Columbia and subsequently appealed the dismissal. The appellant also filed a motion for a waiver of fees.
The court’s reasoning
The court concluded that the district court correctly determined the complaint was frivolous under Section twenty-eight U.S.C. Section one thousand nine hundred fifteen subsection (e)(two)(B)(i). The court cited Neitzke versus Williams to define a frivolous complaint as one lacking an arguable basis in law or fact. Regarding the fee waiver, the court found the motion moot because the appellant had not requested the retrieval or photocopying of any documents.
a complaint is frivolous if it lacks an arguable basis either in law or in fact
Neitzke v. Williams, 490 U.S. 319, 325 (1989)
What it means going forward
The appellant’s complaint remains dismissed, and the fee waiver request is denied as moot.
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