Professional Documents
Culture Documents
No. 15-2186
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:15-cv-00393-BO)
Submitted:
Decided:
March 3, 2016
PER CURIAM:
Temesgen Teshome Abdissa appeals the district courts order
granting his motion to proceed in forma pauperis and summarily
dismissing
his
1915(e)(2)(B)
complaint
as
(2012).
frivolous
Abdissa
pursuant
alleged
to
that
28
U.S.C.
Merck
Corp.
2015).
For
the
reasons
that
follow,
we
vacate
the
pro
construed.
1978).
dismiss
se
litigants
Gordon
v.
pleadings
Leeke,
574
are
F.2d
to
1147,
be
1151
liberally
(4th
Cir.
in
forma
pauperis
case
at
any
time
the
court
such
dismissals
discretion.
relief.
of
28
U.S.C.
complaint
as
1915(e)(2)(B).
frivolous
for
an
We
review
abuse
of
2004).
It does not appear beyond doubt that Abdissas complaint
lacks an arguable basis either in law or in fact.
Neitzke v.
Williams, 490 U.S. 319, 325 (1989); McLean v. United States, 566
F.3d 391, 399 (4th Cir. 2009) (Examples of frivolous claims
2
include
those
whose
factual
allegations
are
so
nutty,
Indeed, even
court
giving
dismissed
the
complaint
without
Abdissa
an
complaint
contains
potentially
cognizable
claim,
plaintiff