VIRGO v. VIRGO

• Court: District Court, E.D. Pennsylvania
• Decided: November 14, 2024
• Docket: 5:24-cv-05722
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________

VIRGILLIO VIRGO, : Plaintiff, : : v. : CIVIL ACTION NO. 24-CV-5722 : SANDRA LEE VIRGO, : Defendant. : ____________________________________

O P I N I O N

Joseph F. Leeson, Jr. November 14, 2024 United States District Judge

Virgillio Virgo filed this pro se civil rights case naming as the Defendant Sandra Lee Virgo. Virgo also seeks leave to proceed in forma pauperis. For the following reasons, the Court will grant Virgo leave to proceed in forma pauperis and dismiss his Complaint. I. FACTUAL ALLEGATIONS Virgo’s one-page Complaint contains sentence fragments only. Corrected for spelling, his statements include: “robbery form,” “object of attack’s awards benefits U.S. Treasury,” “means of attacks murders to get at benefits,” “official complaints N.Y.P.D.,” and “motives to supports morphine addictions.” II. STANDARD OF REVIEW The Court grants Virgo leave to proceed in forma pauperis. When allowing a plaintiff to proceed in forma pauperis, the Court must review the pleadings and dismiss the matter if it determines, inter alia, that the action fails to set forth a proper basis for this Court’s subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3) (“If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”); Grp. Against Smog and Pollution, Inc. v. Shenango, Inc., 810 F.3d 116, 122 n.6 (3d Cir. 2016) (explaining that “an objection to subject matter jurisdiction may be raised at any time [and] a court may raise jurisdictional issues sua sponte”). A plaintiff commencing an action in federal court bears the burden of establishing federal jurisdiction. See Lincoln Ben. Life Co. v. AEI Life, LLC, 800 F.3d

99, 105 (3d Cir. 2015) (“The burden of establishing federal jurisdiction rests with the party asserting its existence.” (citing DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 342 n.3 (2006))). Moreover, a complaint may be dismissed for failing to comply with Federal Rule of Civil Procedure 8. Garrett v. Wexford Health, 938 F.3d 69, 91 (3d Cir. 2019). To conform to Rule 8, a pleading must contain a short and plain statement showing that the plaintiff is entitled to relief. See Travaline v. U.S. Supreme Court, 424 F. App’x 78, 79 (3d Cir. 2011). The Third Circuit explained that in determining whether a pleading meets Rule 8’s “plain” statement requirement, the Court should “ask whether, liberally construed, a pleading ‘identifies discrete defendants and the actions taken by these defendants’ in regard to the plaintiff’s claims.” Garrett, 938 F.3d at 93 (citation omitted). A pleading may still satisfy the “plain” statement requirement “even if it is

vague, repetitious, or contains extraneous information” and “even if it does not include every name, date, and location of the incidents at issue.” Id. at 93-94. The important consideration for the Court is whether “a pro se complaint’s language . . . presents cognizable legal claims to which a defendant can respond on the merits.” Id. at 94. However, “a pleading that is so ‘vague or ambiguous’ that a defendant cannot reasonably be expected to respond to it will not satisfy Rule 8.” Id. at 93; see also Fabian v. St. Mary’s Med. Ctr., No. 16-4741, 2017 WL 3494219, at *3 (E.D. Pa. Aug. 11, 2017) (“Federal Rule of Civil Procedure 8 requires that pleadings provide enough information to put a defendant on sufficient notice to prepare their defense and also ensure that the Court is sufficiently informed to determine the issue.”) (quotations omitted). In other words, “[a] complaint must contain sufficient clarity to avoid requiring a district court or opposing party to forever sift through its pages in search of the nature of the plaintiff’s claim.” Prelle v. United States by Prelle, No. 22- 1453, 2022 WL 16958896, at *1 (3d Cir. Nov. 16, 2022) (per curiam) (internal quotations and

citations omitted). Dismissals under Rule 8 are “‘reserved for those cases in which the complaint is so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised.’” Garrett, 938 F.3d at 94 (quoting Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988)). III. DISCUSSION Virgo’s allegations do not state a plausible claim within this Court’s subject matter jurisdiction. It is entirely unclear how the person he has named as the Defendant, Sandra Lee Virgo, was involved in a “robbery,” presumably of Virgo’s benefits.1 More importantly, federal courts are courts of limited jurisdiction. Because Virgo has not alleged a claim within this Court’s federal question jurisdiction, see 28 U.S.C. § 1331, and does not allege that he and the

Defendant are of diverse citizenship and the amount in controversy exceeds $75,000,2 there is no

1 Because the claims are unclear and the facts are underdeveloped, the Complaint fails to provide fair notice of the grounds upon which Virgo’s claims against Defendant rests, as required by Rule 8. See Afzal v. N.J. Bd. of Med. Examiners, No. 22-1609, 2022 WL 4533826, at *3 (3d Cir. Sept. 28, 2022) (per curiam) (affirming dismissal of complaint pursuant to Rule 8 because plaintiff failed to plead adequate factual content to support a reasonable inference that defendants were liable and failed to present cognizable legal claims to which defendants could respond on the merits); Wright v. United States, No. 22-1164, 2023 WL 4540469 (3d Cir, July 14, 2023) (per curiam) (affirming the District Court’s dismissal with prejudice of a pro se amended complaint where the amended complaint failed to assert adequate factual allegations to put the named defendants on notice of the claims against them). 2 Title 28 U.S.C. § 1332(a) grants a district court jurisdiction over a case in which “the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between . . . citizens of different States.” Section 1332(a) requires “‘complete diversity between all plaintiffs and all defendants,’ even though only minimal diversity is constitutionally required. This means that, unless there is some other basis for jurisdiction, ‘no plaintiff [may] be a citizen apparent basis for the Court to exercise subject matter jurisdiction over any claim Virgo seeks to bring against Sandra Lee Virgo. Accordingly, the Complaint will be dismissed without prejudice for lack of subject matter jurisdiction. The Court will permit Virgo an opportunity to file an amended complaint to explain

the nature of the claim more fully and how this Court can exercise subject matter jurisdiction. An appropriate Order follows.

BY THE COURT:

/s/ Joseph F. Leeson, Jr. JOSEPH F. LEESON, JR. United States District Judge

of the same state as any defendant.’” Lincoln Ben. Life Co., 800 F.3d at 104 (quoting Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005) and Zambelli Fireworks Mfg. Co. v. Wood, 592 F.3d 412, 419 (3d Cir. 2010) (internal footnotes omitted)).