1:26-cv-00112•BRETT et al v. CLINTON et al
Texte intégral
Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION FRANK BRETT, Plaintiff, v. Case No. 1:26-cv-112-RH/MJF BILL CLINTON, et al., Defendants. / REPORT AND RECOMMENDATION Plaintiff, proceeding pro se and in forma pauperis, initiated this civil action against 29 defendants, including Bill Clinton, Hillary Clinton, Hunter Biden, YouTube, Inc., and others. Doc. 1 at 2. Because Plaintiff’s claims are patently frivolous, the undersigned recommends that the District Court dismiss this action under 28 U.S.C. § 1915(e)(2)(B)(i). B ACKGROUND Plaintiff’s complaint spans 39 hand-written pages. The complaint is disorganized and mostly illegible and incomprehensible. Doc. 1 at 5– 39. Plaintiff appears to assert claims under “110 CAJ 71(B)D(1).” Id. at 7. As relief, he requests $100 million from each Defendant and Case 1:26-cv-00112-RH-MJF Document 6 Filed 05/13/26 Page 1 of 7
Page 2 of 7 injunctions against dozens of named individuals, many of whom are deceased. Doc. 1 at 7 (errors in original). D ISCUSSION Because Plaintiff is proceeding in forma pauperis, the District Court is required to review Plaintiff’s complaint for frivolity. 28 U.S.C. § 1915(e)(2)(B)(i). A court may dismiss a claim as frivolous if the claim lacks an arguable basis either in fact or in law. Denton v. Hernandez, 504 U.S. 25, 32 (1992); Neitzke v. Williams, 490 U.S. 319, 327-28 (1989); Carroll v. Gross, 984 F.2d 392, 393 (11th Cir. 1993). 1. Plaintiff’s Complaint is Frivolous as a Factual Matter A claim is factually frivolous when it lacks any arguable basis in fact. Denton, 504 U.S. at 31; Neitzke, 490 U.S. at 325. Claims are frivolous as a factual matter when they are based on fantastic, delusional, or incredible “facts.” Denton, 504 U.S. at 32-33; Neitzke, 490 U.S. at 328; see Ashcroft v. Iqbal, 556 U.S. 662, 696 (2009) (noting that a claim is factually baseless when the “allegations are sufficiently fantastic to defy reality as we know it”). Among other things, Plaintiff alleges: • “Joe Biden has been lying, cheating and stealing from me since 1990”; Case 1:26-cv-00112-RH-MJF Document 6 Filed 05/13/26 Page 2 of 7
Page 3 of 7 • “Jeff Epstein and 101 person gang of Rapist Murderers who Raped Poor Virginia Roberts Giuffre, Britt Lewis on tape, Brian Lorenzo on Tape, My Brother Federal Agent Ken Brett on Tape”; • “Merrick Garland obstructed justice into all my cases with Hunter Biden and Italian John and Italian Anthony . . . .”; • “Don Trump was on Jeff Epsteins 727 Airplane 7 times from 1992 to 1997 at Teterboro Airport in Newark, NJ. with Melania Trump + Ghislaine Maxwell + several underage girls”; • “President Barack Obama – Refused to Prosecute President George Bush Jr. for Falsifying documents into Silverado, Colorado – skyscraper, went bankrupt”; • “From Manhattan, NY, Joe Biden screwed all 3 men and me and my whistleblowers claim and corruption claims”; • “On 9/24/15 – I filed federal lawsuit in Manhattan, NY, against Jeff Epstein Gang for Rape + Murder of 7,347 underage models . . .”; and • “There are around 800 Raped catholic Victims in Virginia (Thank you, Governor).” Doc. 1 at 5, 6, 9, 17, 34 (errors and emphases in original). Plaintiff fails to articulate how any of these matters are related to each other or how they support his claims. Additionally, Plaintiff’s factual allegations are wholly incredible and completely irrelevant to any claim he could possibly bring. Because Plaintiff’s complaint is frivolous, and he cannot cure this frivolity simply by an amendment of his complaint, the Case 1:26-cv-00112-RH-MJF Document 6 Filed 05/13/26 Page 3 of 7
Page 4 of 7 District Court should dismiss Plaintiff’s complaint. Gary v. U.S. Gov’t, 540 F. App’x 916, 916 (11th Cir. 2013). 2. Plaintiff’s Claims Lack Any Foundation in Law In addition to asserting frivolous facts, Plaintiff’s claims are frivolous as a matter of law, and he fails to assert a recognized legal interest. A claim is legally frivolous when it lacks an arguable basis in law. Denton, 504 U.S. at 31; Neitzke, 490 U.S. at 325. A district court may dismiss a claim for its frivolity when it “is based on an indisputably meritless legal theory.” Neitzke, 490 U.S. at 327. A claim is frivolous as a matter of law if it asserts an “infringement of a legal interest which clearly does not exist.” Id. at 327-28. Plaintiff attempts to assert a claim under “110 CAJ 71(B)D(1).” Doc. 1 at 7. No such statute exists. A non-existent statute obviously provides no basis for a claim. Because Plaintiff has not stated a legal basis for his claims, for this reason as well, the District Court should dismiss this civil action. See Neitzke, 490 U.S. at 327. Case 1:26-cv-00112-RH-MJF Document 6 Filed 05/13/26 Page 4 of 7
Page 5 of 7 3. Plaintiff’s Long and Extensive History of Asserting Frivolous Claims In determining frivolousness, a district court also may consider a litigant’s history of asserting frivolous claims. Bilal v. Driver, 251 F.3d 1346, 1350 (11th Cir. 2001). Plaintiff has a long history of filing frivolous civil actions. Indeed, between 2006 and 2016, Plaintiff filed at least 148 lawsuits, nearly all of which were dismissed because they were “deemed incomprehensible and/or patently frivolous.” Brett v. Brown, No. 2:16-cv-6916-SVW (KES), Doc. 6 at 1 (C.D. Cal. Sept. 30, 2016). Additionally, because Plaintiff has filed multiple frivolous civil actions in other districts, several district courts have curtailed Plaintiff’s ability to file civil actions in those districts. These include (1) the District of Delaware (Brett v. Unknown Black Women Jogger, No. 1:12-cv-1516- GMS, Doc. 10 at 2 ¶ 1 (D. Del. Nov. 25, 2013)); (2) the Orlando Division of the Middle District of Florida (Brett v. U.S. Marshall Rodriguez, No. 6:17-cv-313-Orl-18KRS, Doc. 9 at 2 ¶ 5 (M.D. Fla. Mar. 28, 2017)); (3) the Southern District of Florida (Brett v. Mrs. Powel, No. 0:16-cv-60485- KMM, Doc. 5 at 4 (S.D. Fla. Mar. 11, 2016)); and (4) the Middle District Case 1:26-cv-00112-RH-MJF Document 6 Filed 05/13/26 Page 5 of 7
Page 6 of 7 of Pennsylvania (Brett v. Trump, No. 1:21-cv-1059, Doc. 12 at 1 (M.D. Pa. Aug. 16, 2022)). Plaintiff’s long and extensive history of asserting frivolous claims further indicates that Plaintiff is asserting frivolous claims in this civil action and that the appropriate action is dismissal with prejudice. CONCLUSION For the reasons set forth above, the undersigned respectfully RECOMMENDS that the District Court: 1. DISMISS this action with prejudice. 2. DIRECT the clerk of the court to close the case file. At Pensacola, Florida, this 13th day of May 2026. /s/ Michael J. Frank Michael J. Frank United States Magistrate Judge NOTICE TO THE PARTIES The District Court referred this case to the undersigned to address preliminary matters and to make recommendations regarding dispositive matters. See N.D. Fla. Loc. R. 72.2(C); see also 28 U.S.C. § 636(b)(1)(B), (C); Fed. R. Civ. P. 72(b). Objections to these proposed findings and recommendations must be filed within fourteen days of the date of the report and recommendation. Any different deadline that may appear on the electronic docket is for the court’s internal use only and does not control. An objecting Case 1:26-cv-00112-RH-MJF Document 6 Filed 05/13/26 Page 6 of 7
Page 7 of 7 party must serve a copy of its objections upon all other parties. A party who fails to object to the magistrate judge’s findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the district court’s order based on unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. The parties also are advised that if they dispute the accuracy of any facts taken from judicially-noticed documents, or if they otherwise wish to be heard on the propriety of the court taking judicial notice of those facts, they must raise this issue in an objection to this report and recommendation. Case 1:26-cv-00112-RH-MJF Document 6 Filed 05/13/26 Page 7 of 7
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