Vinton Frost v. FCC

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 27 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
VINTON P. FROST, No. 20-15063
Plaintiff-Appellant, D.C. No. 4:19-cv-07144-PJH
v.
MEMORANDUM*
FEDERAL COMMUNICATIONS
COMMISSION,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of California
Phyllis J. Hamilton, District Judge, Presiding
Submitted May 18, 2021**
Before: CANBY, FRIEDLAND, and VANDYKE, Circuit Judges.
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 (1992).
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 (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.
2 20-15063