United States District Court, S.D. New York
ANTHONY J. AJAERO, Plaintiff,
THE ENTIRE APPELLATE DIVISION, APPELLATE TERM; SUPREME COURT; CRIMINAL COURT; FAMILY COURT; AND ALL OTHER INFERIOR COURTS WITHIN THE STATE OF NEW YORK, Defendants.
ORDER OF DISMISSAL
Colleen McMahon, Chief United States District Judge.
appearing pro se, brings this action alleging that
his rights have been violated in various New York State
courts. By order dated December 20, 2019, the Court granted
Plaintiff's request to proceed without prepayment of
fees, that is, in forma pauperis (IFP).
Court must dismiss an IFP complaint, or any portion of the
complaint, that is frivolous or malicious, fails to state a
claim on 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); see Livingston v. Adirondack
Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998). The
Court must also dismiss a complaint when the Court lacks
subject matter jurisdiction. See Fed. R. Civ. P.
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 (2d Cir. 2006) (internal
quotation marks and citations omitted) (emphasis in
original). But the “special solicitude” in
pro se cases, id. at 475 (citation
omitted), has its limits - to state a claim, pro se
pleadings still must comply with Rule 8 of the Federal Rules
of Civil Procedure, which requires a complaint to make a
short and plain statement showing that the pleader is
entitled to relief.
Supreme Court has held that under Rule 8, a complaint must
include enough facts to state a claim for relief “that
is plausible on its face.” Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 570 (2007). A claim is facially
plausible if the plaintiff pleads enough factual detail to
allow the court to draw the inference that the defendant is
liable for the alleged misconduct. In reviewing the
complaint, the court must accept all well-pleaded factual
allegations as true. Ashcroft v. Iqbal, 556 U.S.
662, 678-79 (2009). But it does not have to accept as true
“[t]hreadbare recitals of the elements of a cause of
action, ” which are essentially just legal conclusions.
Twombly, 550 U.S. at 555. After separating legal
conclusions from well-pleaded factual allegations, the court
must determine whether those facts make it plausible - not
merely possible - that the pleader is entitled to relief.
Anthony J. Ajero filed this 182-page, 487-paragraph
complaint, alleging that various judges, surrogates, and
other judicial officers violated his rights with respect to
pending and prior litigation in the New York State Surrogate,
Supreme, and Housing Courts.
brings this action seeking to have this Court:
Immediately intervene to stay all proceedings pertaining to,
and to vacate the fraudulently improper judgments against the
petitioner's decedents estate and to prohibit the
judiciary of the entire Appellate, Supreme, and inferior
courts of New York State from presiding thus they must be
compelled to abdicate and to transfer the underlying matters
to the Federal Court as any ruling rendered in
petitioner's favor within the [sic] these courts will,
undoubtedly, be improperly reversed an [sic] reduced in
retaliation by the Appellate Division and the Appellate Term
who employ Appellate McKeon, in order to fraudulently conceal
the crimes and murders of Montefiore Hospital, where
Appellate McKeon is Chairman of the Board of Directors, in
similar fashion to the outcome of Adams v. Pilarte.
(ECF No. 2 at 179.)
seeks monetary damages, as well as declaratory and injunctive
Plaintiff alleges that his constitutional rights were
violated, the Court construes Plaintiff's claims as
arising under 42 U.S.C. § 1983. To state a claim under
42 U.S.C. § 1983, a plaintiff must allege both that: (1)
a right secured by the Constitution or laws of the United
States was violated, and (2) the right was violated by a
person acting ...