Calvino v. Cevalloz

Background

Ernest Calvino Jr. brought the action without a lawyer. The opinion says he did not identify the basis for the court’s subject-matter jurisdiction, meaning the legal authority for the federal court to hear the case. He had previously been allowed to proceed without prepaying filing fees.

In his complaint, Calvino listed alleged issues including “lost wages,” “misleading the trues,” lack of support, and failure to transfer assets or money. He described his injuries as emotional damage, loss of money, lost wages, and damage to his personal image. He sought unlimited money, transfer of assets, justice, and return of his belongings. The opinion states that he made no specific allegations.

Court’s analysis

The court explained that it must dismiss a complaint filed without prepaying fees if it is frivolous, fails to state a claim for relief, seeks money from an immune defendant, or is within another ground requiring dismissal. A claim is frivolous when it lacks an arguable basis in law or fact. The court also said it must dismiss a case when it lacks subject-matter jurisdiction, while interpreting self-represented pleadings liberally.

Even under that liberal reading, the court concluded that Calvino’s claims were irrational and that no legal theory supported them. The court determined that the defects could not be cured by amendment, so it declined to give him permission to file an amended complaint.

Disposition

The court 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 permission to proceed without prepaying fees for an appeal. The opinion additionally noted that Calvino had filed other frivolous actions and had previously been warned about possible restrictions on future fee-free civil filings, but this order did not impose that restriction.