A federal judge in Michigan dismissed Europe R. Colbert’s lawsuit against Drake, Nicki Minaj, Lil Wayne and others, finding that it lacked any arguable basis in fact or law. The case concerned Colbert’s allegations of surveillance equipment in her Warren home, but the ruling rejected her claims; it did not establish that the alleged surveillance occurred. Colbert had pursued the case on her own, without an attorney, since late September.
According to AllHipHop, U.S. District Judge Judith E. Levy issued the dismissal order on November 10 in the Eastern District of Michigan. The case was dismissed without prejudice, but Levy also concluded that another amendment would be futile. She denied Colbert permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
Colbert’s complaint accused Drake, Minaj and Lil Wayne of placing surveillance equipment inside her Warren, Michigan, home and using her private information in recordings, according to DancehallMag. Those were allegations in her filing, not findings by the court.
A Long List of Defendants and Claims
Colbert’s original complaint, dated September 28, named defendants beyond the three artists, including Birdman, his brother Slim and Cash Money; Limp Bizkit was named in the amended complaint. It invoked federal racketeering, wiretap and Lanham Act provisions, along with state-law claims, and sought monetary damages and public corrections.
In an amended complaint filed in early November, Colbert set out ten causes of action and referred to an attached list of recordings she said infringed on her rights, labeled Exhibit A. AllHipHop reported that Levy’s order noted the exhibit was not attached to the amended or original complaint, or otherwise present on the court docket.
Why the Case Got Screened in the First Place
Colbert filed without prepaying court fees, triggering a required judicial screening of the case. Under that process, a judge can dismiss claims found to be frivolous before they proceed further. Levy also denied Colbert permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
What fee-waiver screening means
The U.S. Code, published by the Office of the Law Revision Counsel, requires a court to dismiss an in forma pauperis action if it determines the action is frivolous. That screening rule governs whether a case may proceed; by itself, it does not establish whether the events alleged in a complaint occurred.
The Michigan case was separate from litigation in the Atlanta area over the 2015 shooting of Lil Wayne’s tour bus. AllHipHop reported that a driver’s lawsuit in that matter was also dismissed for Birdman and Cash Money.
