SNOWTON v. UNITED STATES II (2019)

Plaintiff-appellant Piper Lakay Ellis Snowton, appeals the district court’s dismissal of her claims against the defendants. Because Snowton’s complaint is frivolous, we AFFIRM.

Snowton, proceeding pro se and in forma pauperis, filed a complaint against the United States, the Department of Health and Human Services (DHHS), and DHHS Secretary Alex Azar, II, alleging that the Department of Health and Human Services and various healthcare agencies are wrongfully withholding her medical information and providing her with misleading or inaccurate medical information. Snowton alleges that she is HIV positive, but defendants have conspired with various medical labs across a number of states to withhold that information. Further, she asserts that defendants are “deliberately refusing to investigate and enforce laws” because “there is unlawful experimentation of implants, disease and false claims involved.”

The district court found that “even under the most liberal construction, Plaintiff’s allegations describe irrational or wholly incredible claims against Defendants.” The district court dismissed the complaint as frivolous pursuant to 28 U.S.C. § 1915(e). Snowton appealed.

An in forma pauperis claim may properly be dismissed when the “facts alleged are ‘clearly baseless,’7” encompassing allegations that “rise to the level of the irrational or the wholly incredible.” Denton v. Hernandez, 504 U.S. 25, 32–33, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992) (quoting Neitzke v. Williams, 490 U.S. 319, 327–28, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989)); see also 28 U.S.C. § 1915(e)(2)(B)(i). We find no error in the district court’s decision to dismiss Snowton’s claims as frivolous, which we review for abuse of discretion. Denton, 504 U.S. at 33, 112 S.Ct. 1728.

AFFIRMED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.