Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Beliard v. Perry

United States District Court, N.D. New York

May 1, 2015

YGORD BELIARD, Plaintiff,
v.
ALEXANDER B. PERRY, Defendant.

YGORD BELIARD, Buffalo Federal Detention Facility, Batavia, New York, Plaintiff, pro se.

MEMORANDUM-DECISION AND ORDER

MAE A. D'AGOSTINO, District Judge.

I. INTRODUCTION

Pro se plaintiff, Ygord Beliard, is an inmate currently in the custody of the Buffalo Federal Detention Facility. See Dkt. No. 1. Plaintiff commenced this civil rights action on May 12, 2014, and named Alexander B. Perry, the American Bar Association, and the Lawyers Fund for Client Protection as Defendants. See id. Plaintiff also submitted a Motion for Leave to Proceed In Forma Pauperis. See Dkt. No. 2. In a January 15, 2015 Report-Recommendation and Order, Magistrate Judge Randolph Treece granted Plaintiff's motion to proceed in forma pauperis, but recommended that Plaintiff's claims be dismissed for failure to state a claim and lack of jurisdiction. See Dkt. No. 6. On January 29, 2015, Plaintiff submitted what was construed as an amended complaint in which he only named his former attorney, Alexander B. Berry, as Defendant. See Dkt. No. 8. Liberally construing the pro se amended complaint, it appears that Plaintiff objects to the alleged untimeliness of his § 1983 claim. See id. Currently before the Court is Magistrate Judge Treece's recommendation to dismiss Plaintiff's complaint, as well as Plaintiff's amended complaint.[1]

II. BACKGROUND

For complete recitation of the factual background, refer to Magistrate Judge Treece's Report and Recommendation. See Dkt. No. 6 at 4-7.

On January 15, 2015, Magistrate Judge Treece issued a Report-Recommendation and Order in which he recommended that Plaintiff's § 1983 claims be dismissed pursuant to 28 U.S.C. § 1915 for failure to state a claim upon which relief can be granted. See Dkt. No. 6. Magistrate Judge Treece found that "the format of Plaintiff's complaint is woefully deficient" due to its complete failure to comply with Federal Rules of Civil Procedure 8 and 10. See id. at 7-8. Additionally, because there is a three year statute of limitations on § 1983 claims, and Plaintiff's claim began accruing in either 2004 or 2010, it appears that Plaintiff's claim is time-barred. See id. at 9. Finally, Magistrate Judge Treece found that this Court lacks jurisdiction over any plausible state claim that Plaintiff may raise because of an absence of diversity of citizenship. See id. at11-14. Magistrate Judge Treece recognized that generally a pro se litigant should be afforded every opportunity to amend his or her complaint, but in this case, permitting such an amendment would be futile. See id. at 14

On January 29, 2015, Plaintiff filed an amended complaint. See Dkt. No. 8. Plaintiff requested that his claim not be dismissed, despite the three year statute of limitations on § 1983 claims, because he mistakenly believed that he could not file a claim until his conviction was vacated. See id. Plaintiff argues that he only recently discovered that he does not have to wait to bring a claim against Defendant Perry. See id.

III. DISCUSSION

A. Standard of Review

1. Proceeding In Forma Pauperis

When a Plaintiff seeks to proceed in forma pauperis, "the court shall dismiss the case at any time if the court determines that the action or appeal: (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2)(B) (emphasis added). In other words, "there is a responsibility on the court to determine that a claim has some arguable basis in law before permitting a plaintiff to proceed with an action in forma pauperis. " Moreman v. Douglas, 848 F.Supp. 332, 334 (N.D.N.Y. 1994).

2. Pleading Requirements

Federal Rule of Civil Procedure 8 deals with the requirements for properly stating a claim: "A pleading that states a claim for relief must contain: (1) a short and plain statement of the grounds for the court's jurisdiction... (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought." Fed. R. Civ. Pro. 8(a). The purpose of the Rule is "to give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." E.E.O.C. v. Port Authority of New York and New Jersey, 768 F.3d 247 (2d ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.