Lee v. Kilchen

217 F. Supp. 3d 693, 2016 WL 6600146, 2016 U.S. Dist. LEXIS 155189
CourtDistrict Court, W.D. New York
DecidedNovember 8, 2016
Docket1:16-CV-00829 EAW
StatusPublished

This text of 217 F. Supp. 3d 693 (Lee v. Kilchen) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lee v. Kilchen, 217 F. Supp. 3d 693, 2016 WL 6600146, 2016 U.S. Dist. LEXIS 155189 (W.D.N.Y. 2016).

Opinion

ORDER

Elizabeth A. Wolford, United States District Judge

I. Introduction

Plaintiff Melvin Lee (“Plaintiff’) brings this action pursuant to 42 U.S.C. § 1983, [694]*694alleging violations of his constitutional rights. (Dkt. 1). Plaintiff has submitted a complaint (Dkt. 1), along with an affirmation of poverty (Dkt. 2), and seeks permission to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff asserts that his rights were violated by Defendants Joel Kilchen,1 Canisus College, Dominic J. Barone, Buffalo State College, and Gary Everett (together “Defendants”) in connection with Plaintiffs arrest and conviction for first degree robbery. (Dkt. 1).

The Court has reviewed Plaintiffs motion for in forma pauperis status. For the reasons detailed below, the motion is granted. The Court has also reviewed the complaint as required by 28 U.S.C. § 1915(e)(2). As discussed below, Plaintiff has failed to put forth any factual basis for his claims, and, therefore, the complaint must be dismissed unless Plaintiff files an amended complaint that cures its defects.

II. Plaintiffs Motion for In Forma Pauperis Status is Granted

Plaintiffs affirmation of poverty has been reviewed in accordance with 28 U.S.C. § 1915(a)(1). Plaintiff has met the statutory requirements for in forma pau-peris status, and, therefore, permission to proceed informa pauperis is granted.

III. Plaintiffs Complaint Fails to Allege Any Factual Basis for His Claims

The Court has also reviewed the complaint with respect to the § 1915(e)(2) criteria. Under § 1915(e)(2), the Court must conduct an initial screening of Plaintiffs complaint. See 28 U.S.C. § 1915(e)(2). The Court must dismiss the complaint if it 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.” Id. “An action is ‘frivolous’ for § 1915(e) purposes if it has no arguable basis in law or fact.” Montero v. Travis, 171 F.3d 757, 759 (2d Cir. 1999).

In evaluating the complaint, a court must accept as true all of the plaintiffs factual allegations, and must draw all inferences in the plaintiffs favor. See, e.g., Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003). While “a court is obliged to construe [pro se] pleadings liberally, particularly when they allege civil rights violations,” McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004), even pro se pleadings must meet the notice requirements of Rule 8 of the Federal Rules of Civil Procedure, Wynder v. McMahon, 360 F.3d 73, 79 n.11 (2d Cir. 2004) (“[T]he basic requirements of Rule 8 apply to self-represented and counseled plaintiffs alike.”).

“[A] district court should look with a far more forgiving eye in examining whether a complaint rests on a meritless legal theory for purposes of section [1915(e) ] than it does in testing the complaint against a Rule 12(b)(6) motion.” Nance v. Kelly, 912 F.2d 605, 606 (2d Cir. 1990). In determining whether a complaint survives a Rule 12(b)(6) motion, the plaintiff need “only give the defendant fair notice of what the ... claim is and the grounds upon which it rests.” Erickson v. Pardus, 551 U.S. 89, 93, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1965, 167 L.Ed.2d 929 (2007)). “So long as the [in forma pauperis] plaintiff raises a cognizable claim, dismissal on the basis of factual deficiencies in the complaint must wait until the defendant attacks the lack of such details on a Rule 12(b)(6) motion.” Nance, 912 F.2d at 607.

[695]*695Here, Plaintiff has not raised a cognizable claim, even under a liberal reading of his complaint. Plaintiff has circled section 5 of the form complaint to .indicate that he is purporting to assert claims under 42 U.S.C. § 1983 for due process, false arrest, failure to protect, and malicious prosecution. (Dkt. 1 at 4). However, Plaintiff has failed to put forth any facts to support his claims. Plaintiff has submitted a handwritten attachment to the form complaint contending that his constitutional rights were violated by Defendants, purportedly in connection with Plaintiffs arrest and subsequent conviction for first degree robbery. (Dkt. 1 at 8-13). Plaintiff does not assert any detail as to the basis for his allegations, such as what Canisius College, Buffalo State College, or any of the other named Defendants did to violate Plaintiffs rights. (See id.). The handwritten submission is merely a recitation of the elements of a due process claim. Even viewed with a “forgiving eye,” the complaint is wholly deficient. See Nance, 912 F.2d at 606. The complaint fails to provide Defendants notice as to the factual grounds upon which Plaintiffs claims rest. See Erickson, 551 U.S. at 93, 127 S.Ct. 2197. Therefore, the complaint must be dismissed as frivolous. See Montero, 171 F.3d at 761-62 (dismissing a claim because no facts were alleged to support the purported constitutional violation). The complaint is not being dismissed “simply because the [C]ourt finds the plaintiffs allegations unlikely,” but because there are no factual claims in the complaint whatsoever. See Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998) (quoting Denton v. Hernandez, 504 U.S. 25, 33, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992)).

IV. Plaintiff Will be Afforded Leave to Amend

Plaintiff will be afforded an opportunity to amend his complaint to include the factual basis for his claims. See Gomez v. USAA Fed. Sav. Bank,

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Bluebook (online)
217 F. Supp. 3d 693, 2016 WL 6600146, 2016 U.S. Dist. LEXIS 155189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-kilchen-nywd-2016.