Calvino v. United States District Court Southern District

Background

Ernest Calvino Jr. filed the action without a lawyer and asserted that the court had federal-question jurisdiction. The court had previously allowed him to proceed without prepaying filing fees. Calvino described alleged investigations involving agents from the New York Police Department, the Federal Bureau of Investigation, the Drug Enforcement Administration, the National Security Agency, and other government authorities. He sought investigative information, information about his intellectual property, support from an attorney, and protection against interference with money, property, businesses, and asset transfers. He identified injuries including closed claims, garnishment, lost time, lost money, stress, and poverty.

Legal standard

Under 28 U.S.C. § 1915(e)(2)(B), the court must dismiss a complaint filed without prepaying 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 when it lacks authority to hear the subject matter. A claim is frivolous when it has no arguable basis in law or fact, including when its factual allegations are irrational or its legal theory has no merit. Although courts generally read self-represented complaints generously and often allow an opportunity to amend, they need not allow amendment when it would be futile.

Court’s analysis

The court concluded that, even with the special consideration given to complaints filed without a lawyer, Calvino’s claims were irrational and had no legal theory supporting them. The court determined that the complaint’s defects could not be cured by amendment.

The opinion also noted that Calvino had filed numerous frivolous actions in the court and had previously been warned that further vexatious or frivolous cases filed without prepaying fees could lead to restrictions requiring court permission. The court stated that he remained warned; the order did not impose a new filing bar in this action.

Disposition

Judge Colleen McMahon dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i) and declined to grant leave to amend. The court 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 prepaying fees. The order directed the Clerk of Court to mail Calvino a copy and note service on the docket.