Calvino v. Adminitration de Institutiones Joveniles

Background

Ernest Calvino Jr. filed the action without a lawyer. The court had already granted his request to proceed without prepaying filing fees, commonly called permission to proceed without fees. On the complaint form, Calvino invoked federal-question jurisdiction and listed claims described as conspiracies involving defamation, scams, computer theft, torture, trespassing, and other conduct. He listed New York and Massachusetts as places where the claims occurred.

Calvino alleged that people connected with an institution in Puerto Rico were involved in electronic extortion, sexual harassment, defamation, computer theft, interference with his businesses, and intrusion into his private life. He described his injuries as stress, interference with electronic communications, and trespassing on private property. He requested explanations and the return, transfer, or delivery of his belongings if the defendants had them.

Legal standard

When a person is allowed to proceed without prepaying fees, the court must dismiss the complaint, or part of it, if it is frivolous, malicious, fails to state a legally valid claim, seeks money from a legally immune defendant, or falls outside the court’s subject-matter jurisdiction. A claim is frivolous when it lacks an arguable basis in law or fact. The court must read a self-represented litigant’s complaint liberally, but that does not require the court to accept allegations that are irrational or legally unsupported.

Court’s analysis and ruling

The court held that, even when read generously, Calvino’s claims were irrational and had no legal theory supporting them. It determined that the defects could not be corrected by amendment and therefore declined to allow an amended complaint. The court dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i).

The court also reviewed Calvino’s litigation history, stating that he had filed 96 actions in the court between December 17, 2019, and January 31, 2020, and that more than 70 had been dismissed as frivolous. The court said he had continued filing actions after being directed to explain why filing restrictions should not be imposed. It warned that further vexatious or frivolous litigation could result in an order barring him from filing new actions without prepaying fees unless he first obtained court permission.

Finally, the court certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order directed the clerk to mail a copy to Calvino and record service on the docket.