Picozzi v. Guy Peiagelee & Sons

313 F. Supp. 3d 600
CourtDistrict Court, E.D. Pennsylvania
DecidedMay 17, 2018
DocketCIVIL ACTION NO. 18–CV–2032
StatusPublished
Cited by8 cases

This text of 313 F. Supp. 3d 600 (Picozzi v. Guy Peiagelee & Sons) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Picozzi v. Guy Peiagelee & Sons, 313 F. Supp. 3d 600 (E.D. Pa. 2018).

Opinion

RUFE, District Judge.

Thomas Picozzi, proceeding pro se , has filed a civil action against Guy Peiagelee & Sons, Harry McKucking, Franny Laffy, Ed Coreyel, Ed Coreyel, Jr., Joseph Biccala and Son, Gerry Coganlen, Mike Jacab, Noll Orr, Bob Burns, and Rich Gannon. He has also filed a Motion for Leave to Proceed In Forma Pauperis. (ECF No. 1.) For the reasons set forth below, the Court will grant Picozzi leave to proceed in forma pauperis and will dismiss his Complaint.

I. FACTS

In his Complaint, Picozzi alleges that Harry McKucking tried to kill him because he found out that McKucking had murdered his daughter. (Compl. at 3.) He contends that McKucking had Picozzi's ex-wife "drug [him] for years they killed [him he] came back." (Id. ) Picozzi then heard "they [stole] over 150 million off of the state of PA convention." (Id. ) Subsequently, "Carpenter top men where good friend with all the doctor they had [Picozzi] beat up put stuff in [his] private part [his] body where [he] can't have sex." (Id. ) Guy Peiagalee and his son stole a grave site from Picozzi's family where "a little baby" was buried. (Id. ) Franny Laffy "was involved in a murder of [Picozzi's] buddy Larry Sullivan," and she was also involved in what happened to Picozzi. (Id. ) Picozzi contends that these events occurred in 2011. (Id. ) With respect to injuries, Picozzi claims that he "can't have sex can't pee [right] it all swelling up down there." (Id. at 4.) He has "a sound in [his] head all day." (Id. ) He argues that he has called the carpenters' union 1,000 times and that it hasn't called him back. (Id. ) As relief, Picozzi indicates that he "[doesn't] know what monetary compensation is." (Id. )

Picozzi has attached various exhibits to his Complaint, including statements indicating that he was beaten up at an AA meeting by five men and that he has filed a police complaint against "Murphy." (Compl. Ex. 1, ECF No. 2-1, at 1.) He has also attached a cease and desist letter from attorney Marc L. Gelman of Jennings Sigmond, the office which represents the Northeast Regional Council of Carpenters ("NRCC"). (Id. at 7.) That letter indicates that in 2017, Picozzi, on a daily basis, had been calling NRCC offices in Philadelphia and Syracuse to leave "numerous voicemails of a senseless and outlandish nature." (Id. ) Gelman requested that Picozzi "immediately cease and desist from engaging in such harassing conduct and refrain from making any telephone calls to the *602NRCC absent those that serve a legitimate business purpose." (Id. )

II. STANDARD OF REVIEW

The Court will grant Picozzi leave to proceed in forma pauperis because it appears that he is not capable of paying the fees necessary to commence this action. Accordingly, 28 U.S.C. § 1915(e)(2)(B)(i) and (ii) require the Court to dismiss the Complaint if it is frivolous or fails to state a claim. A complaint is frivolous if it "lacks an arguable basis either in law or in fact." Neitzke v. Williams , 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). It is legally baseless if "based on an indisputably meritless legal theory," Deutsch v. United States , 67 F.3d 1080, 1085 (3d Cir. 1995), and factually baseless "when the facts alleged rise to the level of the irrational or the wholly incredible." Denton v. Hernandez , 504 U.S. 25, 33, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992).

Whether a complaint fails to state a claim under § 1915(e)(2)(B)(ii) is governed by the same standard applicable to motions to dismiss under Federal Rule of Civil Procedure 12(b)(6), see Tourscher v. McCullough , 184 F.3d 236, 240 (3d Cir. 1999), which requires the Court to determine whether the complaint contains "sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quotations omitted). Conclusory statements and naked assertions will not suffice. Id. Moreover, "if the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action." Fed. R. Civ. P. 12(h)(3). As Picozzi is proceeding pro se , the Court construes his allegations liberally. Higgs v. Att'y Gen. , 655 F.3d 333, 339 (3d Cir. 2011).

III. DISCUSSION

At the outset, the Court notes that Picozzi's allegations rise to the level of being delusional. Upon reading the Complaint, the Court concludes that Picozzi's claims and allegations are primarily based upon his own irrational, nonsensical thoughts. For that reason, the Court will dismiss the Complaint as factually frivolous.

Even if Picozzi's Complaint asserted a non-frivolous claim for relief, the Court lacks subject-matter jurisdiction over the Complaint. Picozzi indicates that the basis for this Court's jurisdiction is federal question because the Defendants "took 150 million off State of PA convention center." (Compl.

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Bluebook (online)
313 F. Supp. 3d 600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/picozzi-v-guy-peiagelee-sons-paed-2018.