Calvino v. Sanchez

Background

Ernest Calvino, Jr. brought the action against Robert Sanchez without a lawyer. The court had previously allowed Calvino to proceed without prepaying filing fees. In the complaint’s factual section, Calvino stated that Sanchez had adopted him as his son, came to New York to help him, and was supposed to pick up and deliver his belongings, but that this likely never happened. Calvino sought the return of his belongings, an unlimited amount of money, and the return of assets and property.

Screening standard

Under 28 U.S.C. § 1915(e)(2)(B), a court must dismiss a complaint filed without prepaying fees if it is frivolous, malicious, fails to state a claim for relief, or seeks money from a defendant who is legally immune. The court also must dismiss when it lacks authority to hear the subject matter. Although courts read complaints filed by people without lawyers generously, those complaints still must have a possible factual and legal basis.

Ruling

The court held that, even when read generously, Calvino’s claims were irrational and lacked any legal theory supporting them. It therefore dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B). The court declined to give Calvino permission to amend because it found that the defects could not be cured by amendment.

The court also noted that Calvino had filed numerous actions in the Southern District of New York beginning in December 2019, some of which had been dismissed as frivolous. It repeated an earlier warning that further frivolous or abusive litigation could result in an order barring Calvino from filing new civil actions without prepaying fees unless he first obtained permission.

Finally, the court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for an appeal. The order directed the clerk to mail a copy to Calvino and record service on the docket.