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Welsh v. United States Department of Defense

filed: September 27, 1995.

CHERYL WELSH, PLAINTIFF-APPELLANT,
v.
UNITED STATES DEPARTMENT OF DEFENSE; WILLIAM PERRY, SECRETARY OF DEFENSE; CENTRAL INTELLIGENCE AGENCY; JAMES WOOLSEY, DIRECTOR, DEFENDANTS-APPELLEES



Appeal from the United States District Court for the Eastern District of California; William B. Shubb, District Judge, Presiding; D.C. No. CV-95-00028-WBS.

Browning, Goodwin, and O'Scannlain, Circuit Judges.

MEMORANDUM

We affirm the district court's dismissal of Welsh's 42 U.S.C. § 1983 action as frivolous under 28 U.S.C. § 1915(d). See 28 U.S.C. § 1915; Neitzke v. Williams, 490 U.S. 319, 327, 104 L. Ed. 2d 338, 109 S. Ct. 1827 (1989) (Section 1915(d) gives federal courts "not only the authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint's factual allegations and dismiss those claims whose factual contentions are clearly baseless").

AFFIRMED.

Disposition

AFFIRMED.

19950927

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