Bahamundi v. Curti

Background

Gilbert Bahamundi, appearing without a lawyer, sued Micheal Curti, whom the complaint identified as an “Administrator,” and Patrick A. Macarchuk, whom it identified as an “Executor.” Bahamundi alleged violations of 42 U.S.C. §§ 1983, 1985, 1986, and 12203; the Sixth Amendment; and 18 U.S.C. §§ 241 and 242. He sought $200,000 for his “time in court” and “emotional distress.” The complaint did not include facts about the events underlying the lawsuit.

The court had previously granted Bahamundi permission to proceed without paying filing fees in advance. When reviewing such a complaint, the court must dismiss claims that are frivolous, malicious, fail to state a claim for relief, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction. The court must read a self-represented litigant’s allegations liberally, but the complaint still must provide a short and plain statement showing entitlement to relief.

Reasons for dismissal

The court held that the complaint violated Rule 8 because it did not provide enough factual detail to give the defendants fair notice of the claims or the grounds for them.

As to the claim under 42 U.S.C. § 1983, the court explained that Bahamundi had to allege both a violation of a federal constitutional or statutory right and conduct by a person acting under color of state law. Bahamundi did not allege that either defendant was a state actor or that either defendant’s conduct could be attributed to the state. He also did not describe what the defendants did or how they allegedly violated his rights. The court therefore dismissed the § 1983 claim for failure to state a claim.

The court also treated the references to 18 U.S.C. §§ 241 and 242 as an apparent request for criminal prosecution. It held that neither Bahamundi nor the court could initiate a criminal prosecution, because that decision rests with prosecutors. The court dismissed the claims arising under those criminal statutes for failure to state a claim.

Disposition

The court dismissed the complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). It granted Bahamundi 30 days to replead by filing an amended complaint with facts supporting his claims. The opinion states that if he does not file an amended complaint within that period, the Clerk of Court will be directed to enter judgment dismissing the action.

The court certified that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The Clerk was directed to keep the matter open until a civil judgment is entered.