Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

ZOLICOFFER v. FBI

April 28, 1995

WELTON ZOLICOFFER, Plaintiff,
v.
FEDERAL BUREAU OF INVESTIGATION, et al., Defendants.



The opinion of the court was delivered by: JAMES F. MCCLURE, JR.

 April 28, 1995

 BACKGROUND:

 On April 14, 1995, plaintiff Welton Zolicoffer, an inmate at the Federal Correction Institution at Marianna, Florida, initiated this action with the filing of a complaint pursuant to, inter alia, 42 U.S.C. § 1983. Plaintiff alleges a widespread conspiracy among investigators, federal agencies, corrections officers and officials, judges and prosecutors related to plaintiff's conviction for narcotics trafficking. Plaintiff is proceeding pro se, and has filed an application to proceed in forma pauperis which indicates that he should be allowed to proceed in that manner.

 Before the court is the complaint to be reviewed pursuant to 28 U.S.C. § 1915(d).

 DISCUSSION

 A. STANDARD OF REVIEW

 Courts are authorized under 28 U.S.C. § 1915(d) to dismiss a claim filed in forma pauperis "if satisfied that the action is frivolous or malicious." Neitzke v. Williams, 490 U.S. 319, 324, 104 L. Ed. 2d 338, 109 S. Ct. 1827 (1989). Dismissal on that ground can be made sua sponte prior to the issuance of process, to spare prospective defendants the inconvenience and expense of responding to frivolous or malicious allegations. A complaint is frivolous if it "lacks an arguable basis either in law or fact." Id. at 325.

 Plaintiff's complaint lacks an arguable basis in law, and so will be dismissed pursuant to § 1915(d).

 B. FACTS ALLEGED IN COMPLAINT

 Plaintiff was convicted in the Middle District of Pennsylvania of possession with intent to distribute cocaine, conspiracy to distribute cocaine, use of a telephone to facilitate distribution of cocaine, and violation of the Travel Act, 18 U.S.C. § 1952(a)(3). United States v. Zolicoffer, 869 F.2d 771, 772 (3d Cir.), cert. denied, 490 U.S. 1113, 104 L. Ed. 2d 1034, 109 S. Ct. 3172 (1989). On appeal, the Court of Appeals for the Third Circuit reversed the Travel Act conviction, but affirmed as to all other charges. 869 F.2d at 775. A more detailed recitation of the facts underlying the charges against plaintiff and the disposition thereof are set forth in that opinion, and is not necessary for present purposes.

 A number of collateral proceedings have been initiated by plaintiff. To date, published opinions related to plaintiff's conviction include:

 
1. United States v. Zolicoffer, 869 F.2d 771 (3d Cir.)(direct appeal), cert. denied, 490 U.S. 1113, 104 L. Ed. 2d 1034, 109 S. Ct. 3172 (1989).
 
2. United States v. Zolicoffer, 925 F.2d 420 (3d Cir. 1991) (table; affirming an order issued by the Honorable William J. Caldwell, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.