Almonte v. Law Enforcement Agency

Background

Juan Carlos Almonte, a prisoner at Sing Sing Correctional Facility, filed this fee-paid lawsuit without a lawyer. The complaint alleged that his rights were violated and appeared to name Judge Timothy J. Lawliss, Assistant District Attorney Jeffrey C. Kehm, all employees in a New York State correctional agency, and an unidentified law enforcement agency. The submission also included material appearing to come from another complaint naming Linda K. Mejias Glover.

The court said the 51-page complaint was difficult to read, contained indecipherable handwriting and margin notes, and presented largely incoherent allegations. The complaint referred to criminal charges, prison-related matters, constitutional amendments, and various statutes and cases, but the court could not determine a legal basis for the claims. The opinion also noted that Almonte had paid the filing fee after the court questioned whether he qualified to proceed without prepaying fees because of his prior cases.

Legal standard

Under the Prison Litigation Reform Act, federal courts must screen a prisoner’s complaint against a governmental entity or government officer or employee. The court must dismiss a complaint that is frivolous, malicious, fails to state a claim, seeks money from an immune defendant, or falls outside the court’s subject-matter jurisdiction. Although courts read complaints filed without lawyers generously, those complaints still must provide a short and understandable statement showing a right to relief.

A complaint is frivolous when it has no arguable basis in fact or law. The court also explained that it may deny an opportunity to amend when a complaint is frivolous on its face or its defects cannot be corrected.

Court’s analysis

The court concluded that Almonte’s allegations were incoherent and that it could not identify any legal basis for claims against the defendants he appeared to name. It therefore dismissed the complaint as frivolous under 28 U.S.C. § 1915A(b). The court declined to grant leave to amend because it found that the complaint’s defects could not be cured by amendment.

The court also discussed Almonte’s prior litigation in the Southern District of New York and noted that, in a March 29, 2022 order, it had determined that he had filed at least three qualifying cases previously. As a result, while he remained a prisoner, he was barred from filing new federal civil actions or appeals without prepaying fees unless he faced an imminent threat of serious physical injury. The court warned that additional duplicative, abusive, or frivolous litigation could lead to an order requiring him to explain why he should not be barred from filing new civil actions even after paying filing fees.

Disposition

Judge Laura Taylor Swain dismissed the complaint as frivolous. The court certified that any appeal would not be taken in good faith and denied fee assistance for an appeal. The opinion does not state that the dismissal was with or without prejudice.