Calvino v. NYC Department of Homeless Services

Background

Ernest Calvino Jr. brought this action against the NYC Department of Homeless Services. He represented himself. The court had previously allowed him to proceed without paying filing fees. He invoked federal-question jurisdiction and identified the alleged legal basis as “conspiracy of explotation,” computer theft, extortion, spying, harassment, discrimination, and related allegations.

Calvino alleged that he had lived in the shelter system since 2017 and had been transferred among several shelters. He claimed that the Department of Homeless Services had conspired to discriminate against and defame him and had engaged in torture, extortion, spying, harassment, medical mistreatment, exploitation, corruption, computer theft, and scams.

Court’s Analysis

The court applied the screening requirement for complaints filed without prepayment of fees. Under 28 U.S.C. § 1915(e)(2)(B), the court must dismiss a complaint that is frivolous, malicious, fails to state a claim for relief, or seeks money from a defendant immune from such relief. The court also noted that it must dismiss a complaint when it lacks subject-matter jurisdiction, meaning authority to hear the case.

The court stated that a claim is frivolous when it lacks an arguable legal or factual basis. It read Calvino’s self-represented complaint liberally, but concluded that his claims were irrational and that no legal theory supported them. The court also described the action as part of a pattern of frivolous and vexatious litigation and noted that Calvino had previously been warned that further such litigation could lead to restrictions on filing cases without prior permission.

The court stated that self-represented plaintiffs are generally given an opportunity to amend defective complaints, but that amendment is not required when it would be futile. It concluded that the defects in Calvino’s complaint could not be cured by amendment.

Disposition

Chief Judge Colleen McMahon dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B). The court declined to grant leave to amend. It also certified that any appeal would not be taken in good faith and denied Calvino permission to proceed without paying fees for an appeal. The clerk was directed to mail the order to Calvino and record service on the docket.