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Bradshaw v. Corasiniti

February 22, 2006

SYDNEY BRADSHAW, PLAINTIFF
v.
JOHN VICTOR CORASINITI II, AND JOHN VICTOR CORASINITI III, DEFENDANTS



The opinion of the court was delivered by: Judge Kane

MEMORANDUM AND ORDER

Pending before the Court is a pro se complaint and an application to proceed in forma pauperis. For the reasons that follow, Plaintiff's application to proceed in forma pauperis will be granted, and the complaint will be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

I. Background

Plaintiff is a citizen of Guyana and was recently removed from the United States to that country by the Bureau of Immigration and Customs Enforcement. In the complaint, Plaintiff avers that while he was being detained at the York County Prison pending his removal, he entered into a contract with Defendants to "write a tort" on their behalf against York County, Pennsylvania and the Northern York County Regional Police Department to claim that the Defendants had been beaten by certain police officers. (Doc. No. 1.) Plaintiff claims that the Defendants agreed to pay him 20% of any judgment or settlement that was reached as a result of the civil action he drafted on their behalf. Plaintiff claims Defendants subsequently entered into a settlement of their claims, and that Defendants have failed to pay him the agreed-upon 20% contingency fee. Additionally, Plaintiff alleges that one of the Defendants "exclaimed the lude [sic] and lascivious desire of wanting to bugger the plaintiff and perform unnatural sex." (Doc. No. 1.) Plaintiff claims this Defendant "abused the U.S. and Guyanese postal service[s] to further his insane homosexual behavior." (Id.) Plaintiff seeks substantial damages resulting from such correspondence, which he claims caused him emotional pain.

II. Standard of Review

A court is required to review a pro se plaintiff's complaint prior to service of process under 28 U.S.C. § 1915(e). This section states:

(2) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that --

(A) the allegation of poverty is untrue; or

(B) the action or appeal --

(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). A complaint is frivolous "where it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). The standard of review for a section 1915(e)(2)(B)(ii) failure to state a claim is the same as the standard governing a Rule 12(b)(6) ...


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