FROST v. FEDERAL COMMUNICATIONS COMMISSION (2021)

MEMORANDUM **

Vinton P. Frost appeals pro se from the district court's judgment dismissing his action alleging a variety of federal statutory violations. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a district court's dismissal of an action as frivolous. Denton v. Hernandez, 504 U.S. 25, 33, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992). We affirm.

The district court did not abuse its discretion by dismissing Frost's action as frivolous because Frost's complaint, liberally construed, lacks an arguable basis in fact. See id. at 32-33, 112 S.Ct. 1728 (explaining that a claim lacks an arguable basis in fact “when the facts alleged rise to the level of the irrational or the wholly incredible”).

We reject as without merit Frost's contention that the district court ignored a request to add a defendant to Frost's complaint.

AFFIRMED.