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WEST v. WOODS

United States District Court, E.D. Michigan, Southern Division.
Dec 1, 2006
OPINION AND ORDER SUMMARILY DISMISSING COMPLAINT

PATRICK DUGGAN, District Judge

Plaintiff filed this lawsuit against Defendant, a professional golfer, alleging inter alia that Defendant has "assess [sic] by video and audio to every room in [her] house" and has "used night vision to see [her] bath[e], use the bathroom . . .", hired men to puncture a hole in the water hose of her vehicle, and, when the car was being repaired at a service station, had a camera with audio installed inside the vehicle. Plaintiff also has sought, and the Court has granted her, in forma pauperis status.

Pursuant to 28 U.S.C. ยง 1915(e)(2)(B), the Court must dismiss any action filed in forma pauperis that is factually frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from suit. Factual frivolousness includes allegations that are "clearly baseless," "fantastic," or "delusional." See Neitzke v. Williams, 490 U.S. 319, 327-28, 109 S. Ct. 1827, 1833 (1989). Plaintiff's present complaint is frivolous under Section 1915(e), as it is both fantastic and delusional.

Accordingly,

IT IS ORDERED, that Plaintiff's complaint is DISMISSED.