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Calvino v. Jones

United States District Court, S.D. New York

December 23, 2019

ERNEST CALVINO, JR, Plaintiff,
v.
LORETTA Y. JONES; SEGUN SHIFT SUPERVISER; FIRST SHIFT SUPERVISER; FIRST SHIFT STAFF, Defendants. ERNEST CALVINO, JR., Plaintiff,
v.
ANNEKA C., Defendant. ERNEST CALVINO, JR, Plaintiff,
v.
INTERNAL AFFE, OLDKEM-311; CITY OF NEW YORK, Defendants.

          ORDER OF DISMISSAL

          COLLEEN MCMAHON CHIEF UNITED STATES DISTRICT JUDGE

         Plaintiff, appearing pro se, brings these actions invoking the Court's federal question jurisdiction. By orders dated December 20, 2019, the Court granted Plaintiff's requests to proceed without prepayment of fees, that is, in forma pauperis (IFP). The Court dismisses the complaints for the reasons set forth below.

         STANDARD OF REVIEW

         The Court must dismiss a complaint, or portion thereof, that is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b); see Abbas v. Dixon, 480 F.3d 636, 639 (2d Cir. 2007). While the law mandates dismissal on any of these grounds, the Court is obliged to construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret them to raise the “strongest [claims] that they suggest, ” Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474-75 (2d Cir. 2006) (internal quotation marks and citations omitted) (emphasis in original).

         A claim is frivolous when it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 324-25 (1989), abrogated on other grounds by Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007); see also Denton v. Hernandez, 504 U.S. 25, 32-33 (1992) (holding that “finding of factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible”); Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998) (“[A]n action is ‘frivolous' when either: (1) the factual contentions are clearly baseless . . .; or (2) the claim is based on an indisputably meritless legal theory.”) (internal quotation marks and citation omitted).

         BACKGROUND

         Plaintiff Ernest Calvino, Jr. has filed six pro se actions this week.[1] In the complaint under docket number ECF 1:19-CV-11610, Plaintiff names an individual (Anneka C.) and makes the following allegations:

Fraund, misleading me and other, gardneshment, lack of support . . . .
She mislead me and other, fraundend married me without my signature . . .
Stole money busness trans., mislead me and other, morgashes

(ECF No. 2, at 5-6.) Plaintiff alleges that both he and Defendant Anneka C. reside in New York. (Id. at 2-3.)

         In the complaint under docket number ECF 1:19-CV-11601, 2, Plaintiff names Defendant Loretta Jones, as well as unidentified staff that appear to be associated with “Bronx Works, ” a nonprofit entity. Plaintiff states that he and Defendants reside in New York and alleges the following: “The place has bad management Lack of responsibility for security The staff are corrupt.” (Compl. at 5.)

         In the complaint under docket number ECF 1:19-CV-11611, Plaintiff makes the following allegations:

I file a complain in the past in New York City and he was assign to the case, I saw him in Holyoke M.A. at a book store and he told me to visit the M. N.C. A. boys and girls club in Holyoke to talk about the case, the reason I am questioning him is because he know Jesus Rosario from 329 tokoneke Rd. holyke M.A., he is son of a girl call Rosa cirino a girl that I was temp. staying with this girl call Rosa, her sons, family and peers have Asset that belong to me in addition they as conspayer against me to annoni. Steal information ...

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