Calvino v. Vivian 37st

Background

Ernest Calvino Jr. brought the action without a lawyer and invoked federal-question jurisdiction, which is a court's authority to hear claims arising under federal law. On January 27, 2020, the court granted his request to proceed without paying filing fees upfront.

Using the court's general complaint form, Calvino alleged that Vivian 37 St. had neglected to transfer his property and support him. His factual statement referred to the defendant as a third-party stakeholder and mentioned a data breach, a lack of privacy, valuables, property, businesses, and business assets. He sought unspecified property and monetary damages.

Court's analysis

The court explained that it must dismiss a complaint filed without prepayment of fees if it is frivolous, malicious, fails to state a claim for relief, or seeks money from a defendant who is legally immune. The court must also dismiss a complaint when it lacks authority over the subject matter. Although courts must read complaints filed by people without lawyers generously, the court concluded that Calvino's allegations were irrational and that no legal theory supported them.

The court also described this action as part of Calvino's pattern of frivolous and vexatious litigation. It had previously warned him that additional frivolous litigation could lead to a restriction on filing new actions without prepayment of fees unless he first obtained court permission. The court determined that the defects could not be cured by amendment and therefore declined to give him permission to amend the complaint.

Ruling

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