Calvino v. Guerrido

Background

Ernest Calvino Jr. filed this action without a lawyer against Jackeline Guerrido. The court had previously allowed him to proceed without prepaying filing fees. Using the court’s general complaint form, Calvino claimed that Guerrido conspired to harm him.

Calvino alleged that Guerrido was a news reporter from a Spanish-language channel; that she went to Holyoke, Massachusetts, to deliver or help him; that he saw her in the Bronx and then went to Holyoke; and that she visited him at a housing project. He also alleged that Guerrido married him without his signature, based on what he had heard from unknown sources through an audio electronic device. He stated that they had never had physical contact, but that some people knew she had scammed him and probably stolen money, information, property, businesses, and other assets. He sought injunctive relief and monetary damages.

Legal standard

The court explained that it must dismiss a complaint filed by a person proceeding without prepaying fees if the complaint is frivolous, malicious, fails to state a legally valid claim, or seeks money from a defendant who is legally immune from that relief. The court must also dismiss when it lacks authority to hear the case. Although courts read complaints filed without lawyers generously, a claim is frivolous when it has no arguable factual or legal basis. The court may deny an opportunity to amend when the defects cannot be cured.

Court’s analysis

The court said Calvino had filed numerous frivolous actions since December 17, 2019, and had continued filing them after being warned that further frivolous or vexatious litigation could lead to a restriction on filing new actions without preapproval. The court had also directed him in an earlier related proceeding to explain why such a restriction should not be imposed.

The court concluded that, even when read with the special consideration given to complaints filed without lawyers, Calvino’s allegations were irrational and did not support any legal theory. It characterized this action as part of his pattern of frivolous and vexatious litigation. Because the defects could not be cured by amendment, the court declined to give him permission to amend.

Disposition

Judge Colleen McMahon dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B). The clerk was directed to mail Calvino a copy of the order and record service on the docket. The court also 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 purposes of an appeal.