Perez v. Deprospo
- Laura Swain
- 1:22-cv-02866
- U.S. District Court · Southern District of New York
- 1
In Perez v. Deprospo, Judge Swain dismissed the complaint at screening as seeking immune relief, frivolous, and failing to state a claim.
Antonio Molina Perez’s complaint was dismissed; the judgment also affects the defendants named in the complaint because it provides that the claims against them will not proceed.
What happened
In Perez v. Deprospo, the court entered judgment dismissing Antonio Molina Perez’s complaint against William L. Deprospo and other defendants.
The judgment says the complaint sought relief from defendants who were legally protected from that relief. It also says the complaint was frivolous and failed to state a claim that could support relief. The opinion does not provide further details about the claims or the defendants’ conduct.
Judge Laura Taylor Swain ordered the dismissal on May 31, 2022. She also certified that any appeal would not be taken in good faith.
The detailed version
- Perez v. Deprospo · No. 1:22-cv-02866
- Laura Swain
- May 31, 2022
Background
The court entered a civil judgment pursuant to its May 31, 2022 order dismissing the complaint. The judgment does not describe the underlying allegations or identify the specific relief sought.
Reasons for dismissal
The court dismissed the complaint under the screening provisions of 28 U.S.C. § 1915(e)(2). It stated that the complaint sought relief against defendants who were immune from that relief, requiring dismissal under § 1915(e)(2)(B)(iii). The court consequently also characterized the complaint as frivolous under § 1915(e)(2)(B)(i).
The court separately dismissed the complaint under § 1915(e)(2)(B)(ii) because it failed to state a claim on which relief could be granted.
Disposition
The court dismissed the complaint. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the judgment would not be taken in good faith.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.