Calvino v. Department of Justices of Puerto Rico

Background

Ernest Calvino Jr. brought this action without a lawyer. The court had previously allowed him to proceed without prepaying filing fees, a status commonly called proceeding without payment of fees. Calvino asserted that the court had federal-question and diversity jurisdiction.

He sued the “Department of Justices of Puerto Rico,” “Zomozas A.,” whom he described as the “head of district attorney in” Puerto Rico, and “Oti,” whom he described as a police officer in Puerto Rico. He identified the federal constitutional or statutory basis of his claims as “extortion, harassment, threat, misleading me.” He alleged that the Federal Bureau of Investigation supported an investigation and civil matters against the Puerto Rico Department of Justice. He listed distress, lost time, stress, lost money, and damage to his person as injuries. He sought money, justice, explanations, investigation information concerning property and assets, and transfer of the items mentioned in his complaint.

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 or malicious, fails to state a claim for relief, or seeks money from a defendant legally protected from such relief. The court must also dismiss when it lacks authority to hear the matter. Although the court must read a self-represented litigant’s allegations generously, the complaint must still have a reasonable factual or legal basis.

Court’s Analysis

The court concluded that, even when read with the special consideration given to self-represented pleadings, Calvino’s claims were irrational and had no legal theory on which he could rely. The court therefore treated the action as frivolous.

Courts generally give a self-represented plaintiff an opportunity to amend a defective complaint. Here, however, the court found that the defects could not be corrected through amendment. It therefore declined to grant leave to amend.

The court also noted that Calvino had filed numerous frivolous actions in that court and had previously been warned that further vexatious or frivolous litigation could lead to restrictions on filing new civil actions without prepaying fees. The court stated that he remained warned. The opinion refers to those earlier matters as prior related proceedings.

Disposition

The court dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). It certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Calvino permission to proceed without prepaying fees for purposes of an appeal. Judge Colleen McMahon also directed the clerk to mail the order to Calvino and record service on the docket.