Calvino v. Bronx Work

Background

Ernest Calvino Jr. filed a complaint against Bronx Work and other defendants. The opinion says he filed the action without a lawyer and had previously received permission to proceed without paying filing fees.

Using the court’s general complaint form, Calvino invoked federal-question and diversity jurisdiction. He described his claims as a “conspiracy of discrimination” and a “conspiracy obstructing” his legal rights. He alleged that a second-shift supervisor, whom he identified by the nickname Hilton, and a first-shift supervisor denied him basic services, including a bed, hygiene soap, a lock, a bed change, and mail delivery. He also alleged that informants harassed him with indirect threats and derogatory comments.

Legal standard

Under 28 U.S.C. § 1915(e)(2)(B), a court must dismiss a complaint filed without paying fees if it is frivolous, malicious, fails to state a claim for relief, or seeks money from a defendant protected from such relief. The court must also dismiss a case when it lacks authority to hear the subject matter. Courts must read filings by people without lawyers generously and interpret them to present the strongest claims reasonably suggested by the allegations.

The court explained that a claim is frivolous when it lacks an arguable basis in fact or law. Factual allegations may be frivolous when they are irrational or wholly incredible, and a legal claim may be frivolous when it relies on an indisputably meritless legal theory.

Court’s analysis

The court concluded that, even when read with the special consideration given to filings by people without lawyers, Calvino’s claims were irrational and had no legal theory supporting them. The court therefore dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i).

Although courts generally give a person without a lawyer an opportunity to amend a defective complaint, the court said amendment was unnecessary when it would be futile. Because it found that the defects could not be cured by amendment, the court declined to grant Calvino permission to amend.

Additional orders and disposition

The court noted that Calvino had filed 45 actions in the court between December 17, 2019, and January 9, 2020, and that 17 had been dismissed as frivolous. It also noted that he had been warned that further vexatious or frivolous litigation could result in an order barring him from filing new actions without paying fees unless he first obtained permission from the court. In this case, the court repeated that warning but did not state that it was entering such a filing bar.

The court directed the Clerk of Court to mail the order to Calvino and record service on the docket. It certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The complaint was dismissed as frivolous.