Feldman v. Lyons

852 F. Supp. 2d 274, 2012 WL 1115767, 2012 U.S. Dist. LEXIS 53766
CourtDistrict Court, N.D. New York
DecidedApril 4, 2012
DocketNo. 3:12-CV-0041 (DNH DEP)
StatusPublished
Cited by4 cases

This text of 852 F. Supp. 2d 274 (Feldman v. Lyons) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Feldman v. Lyons, 852 F. Supp. 2d 274, 2012 WL 1115767, 2012 U.S. Dist. LEXIS 53766 (N.D.N.Y. 2012).

Opinion

DECISION and ORDER

DAVID N. HURD, District Judge.

I. Introduction

Presently pending is a civil rights complaint filed by pro se plaintiff Jerome Feldman (“plaintiff’ or “Feldman”) along with an application to proceed with this matter in forma pauperis (“IFP”). Dkt. Nos. 1, 2. Plaintiffs complaint, brought utilizing a form identified as a “civil rights complaint pursuant to 42 U.S.C. § 1983,” purports to make claims for illegal search and seizure, false arrest, malicious prosecution, and false imprisonment against two agents of the Federal Bureau of Investigation (“FBI”) and a Filipino immigration police officer. The claims stem from Feldman’s arrest in the Philippines for criminal violations of the United States Code during a time that he was a fugitive from justice on charges of Medicare and Medicaid fraud emanating from the United States District Court for the Middle District of Florida.1 Dkt. No. 1.

[276]*276For the reasons set forth below, all of plaintiffs claims will be dismissed.

II. Discussion

A. In Forma Pauperis

After reviewing the entire file, it is found that the plaintiff has established financial need to commence this action without pre-payment of the filing fee. His application for leave to proceed in forma pauperis will therefore be granted.

B. Standard Governing the Court’s Review

Since it is found that plaintiff meets the financial criteria for commencing this case in forma pauperis, the sufficiency of the complaint must be considered in light of 28 U.S.C. § 1915(e). Section 1915(e) directs that when a plaintiff seeks to proceed in forma pauperis, the court:

(2) [Sjhall dismiss the case at any time if the court determines that -* * *

(B) the action ... (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). Thus, it is a court’s responsibility to determine that a complaint may properly be maintained in the district before it may permit the plaintiff to proceed with his or her action in forma pauperis. See id.

In deciding whether a complaint states a colorable claim a court must extend a certain measure of deference towards pro se litigants, Nance v. Kelly, 912 F.2d 605, 606 (2d Cir.1990) (per curiam), and extreme caution should be exercised in ordering sua sponte dismissal of a pro se complaint before the adverse party has been served and the parties have had an opportunity to respond, Anderson v. Coughlin, 700 F.2d 37, 41 (2d Cir.1983). There is, nonetheless, an obligation on the part of the court to determine that a claim is not frivolous before permitting a plaintiff to proceed. See Fitzgerald v. First E. Seventh St. Tenants Corp., 221 F.3d 362, 363 (2d Cir.2000) (holding that district court may dismiss frivolous complaint sua sponte notwithstanding fact the plaintiff has paid statutory filing fee); Wachtler v. Cnty. of Herkimer, 35 F.3d 77, 82 (2d Cir.1994) (finding district court has power to dismiss case sua sponte for failure to state a claim).

When reviewing a complaint under § 1915(e), the court may also look to the Federal Rules of Civil Procedure. Rule 8 of the Federal Rules of Civil Procedure provides that a pleading that sets forth a claim for relief shall contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R.Civ.P. 8(a)(2). The purpose of Rule 8 “ ‘is to give fair notice of the claim being asserted so as to permit the adverse party the opportunity to file a responsive answer [and] prepare an adequate defense.’ ” Hudson v. Artuz, No. 95 CIV. 4768, 1998 WL 832708, at *1 (S.D.N.Y. Nov. 30, 1998) (quoting Powell v. Marine Midland Bank, 162 F.R.D. 15, 16 (N.D.NY.1995) (McAvoy, C.J.)).

A court should not dismiss a complaint if the plaintiff has stated “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 1974, 167 [277]*277L.Ed.2d 929 (2007). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009). Although the court should construe the factual allegations in the light most favorable to the plaintiff, “the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions.” Id. “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Id. (citing Tivombly, 550 U.S. at 555, 127 S.Ct. at 1965). Thus, “where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged — but it has not ‘show[n]’ — ‘that the pleader is entitled to relief.’ ” Id. at 1950 (quoting Fed.R.Civ.P. 8(a)(2)).

C. Analysis of Plaintiff’s Complaint

1. Background

To the extent that plaintiff has alleged civil rights violations arising out of his criminal arrest and conviction, some discussion relating to the underlying criminal proceedings is relevant to the analysis of plaintiffs complaint. These facts are taken from the decision of the Second Circuit on plaintiffs appeal from his conviction of health care and wire fraud. United States v. Feldman, 647 F.3d 450 (2d Cir.2011). From 1995 to 1997, Feldman, then a practicing psychiatrist, owned and operated the Jerome Feldman Community Mental Health Center (“JFC Center”) in two locations in Florida. Id. at 453. By June 1997, plaintiff had filed claims for, and had received, in excess of a million dollars of Medicare and Medicaid funds. Id.

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852 F. Supp. 2d 274, 2012 WL 1115767, 2012 U.S. Dist. LEXIS 53766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feldman-v-lyons-nynd-2012.