Calvino v. Stefone

Background

Ernest Calvino Jr. filed the action without a lawyer and invoked the court’s authority to hear federal-law claims. He alleged that the defendants had conspired to harm him, keep him in a bad situation, and interfere with his legal rights. He sought an injunction and money damages. The court had previously allowed him to proceed without paying the filing fee.

Legal standard

The court explained that it must dismiss a complaint filed without paying fees if it is frivolous, malicious, fails to state a claim, seeks money from an immune defendant, or falls outside the court’s subject-matter jurisdiction. A complaint is frivolous when it lacks a reasonable basis in law or fact. The court also stated that it must read filings by people without lawyers liberally and consider the strongest claims their allegations suggest.

Court’s reasoning

Even under that more forgiving standard, the court found that Calvino’s allegations were irrational and that there was no legal theory supporting his claims. Although courts generally give a self-represented plaintiff an opportunity to amend a defective complaint, the court concluded that amendment would be futile here.

Ruling

The court dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B). It did not grant Calvino leave to amend. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The opinion additionally noted that Calvino had filed numerous other frivolous actions in the court and had previously been warned that further such litigation could lead to restrictions on filing actions without paying fees.