Free Order Dismissing Case - District Court of Delaware - Delaware

Case 1:05-cv-00791-JJF Document 5 Filed 12/O2/2005 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LOURDES P. LLARENA :
Plaintiff, i
v. ; Civil Action No. 05-791-JJF
LAURA BUSH — WHITE HOUSE, E
GEORGE BUSH, JR. - WHITE :
HOUSE, :
Defendants. ;
MEMORANDUM ORDER
The Plaintiff, Lourdes P. Llarena, a prg sg litigant has
filed this action against Defendants Laura and George Bush
relating to a September 27, 1999 auto accident and the
appointment of a Postal Inspector in November 2001, who Plaintiff
alleges had her arrested by police officers.
Having granted Plaintiff leave to proceed in fggma pauperis,
the Court must next screen the Complaint pursuant to 28 U.S.C. §
l915(e)(2)(B) to determine whether it is frivolous, malicious,
fails to state a claim upon which relief may be granted, or seeks
monetary relief from a defendant immune from relief. In
conducting this review, the Court must “accept as true the
factual allegations in the complaint and all reasonable
inferences that can be drawn therefrom.” Nami v. Fauver, 82 F.3d
63, 65 (3d Cir. 1996). The term “frivolous” as used in Section
1915, “embraces not only the inarguable legal conclusion, but
also the fanciful factual allegation.” Neitzke v. Williams, 490
U.S. 319, 325 (1989). N
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Case 1:05-cv-00791-JJF Document 5 Filed 12/O2/2005 Page 2 of 2
The Court has reviewed the allegations of Plaintiff’s
Complaint and concludes that they are frivolous. Plaintiff has
failed to state a claim upon which relief can be granted, her
allegations are fanciful and her claim relating to the September
1997 accident is barred by any applicable statute of limitations.
NOW THEREFORE, IT IS HEREBY ORDERED this €9\ day of December
2005, that Plaintiff’s Complaint is DISMISSED as frivolous
pursuant to 28 U.S.C. § 19I5(e)(2)(B).
FV ED S ATE* DISTRICT “•DGE
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