Quinones v. Biolife Plasma Services Inc

Background

The action was originally filed in the Eastern District of New York and was transferred to the Southern District of New York. The court had previously granted Quinones permission to proceed without paying filing fees in advance.

Quinones sued Biolife Plasma Services Inc., “CIA Cult Under Covers,” and “Secret Service NY, NJ.” She alleged “all violations of all sorts,” including violations of civil legal rights and income, false accusations, defamation, threats to call the police, illegal invasion, and harassment. The complaint did not identify the relief she wanted.

Court’s analysis

Under the statute governing complaints filed without prepaying fees, the court must dismiss a complaint that is frivolous, fails to state a claim for relief, or seeks money from an immune defendant. The court must also dismiss claims over which it lacks subject-matter jurisdiction.

Although courts read complaints filed by people without lawyers generously, those complaints still must provide a short and plain statement showing an entitlement to relief. The court concluded that Quinones’s allegations did not plausibly allege a violation of her rights. It therefore dismissed the claims under the statute for failure to state a claim and as frivolous.

The court explained that it generally gives a self-represented plaintiff an opportunity to amend a defective complaint, but that leave is not required when amendment would be futile. It found that the defects could not be cured through further amendment and declined to grant leave to amend.

Disposition

The court dismissed the complaint for failure to state a claim on which relief could be granted and as frivolous. It directed the Clerk of Court to enter judgment. It also certified that any appeal would not be taken in good faith and denied Quinones fee-free status for purposes of an appeal.