United States District Court, M.D. Pennsylvania
REPORT AND RECOMMENDATION
E. Schwab United States Chief Magistrate Judge
case comes before the Court for a statutorily mandated
screening review of the complaint. On September 1, 2017, the
plaintiff, Frank Brett, proceeding pro se, filed a
complaint and an application for leave to proceed in
forma pauperis (doc. 4). By a separate order,
we granted Brett's application for leave to proceed
in forma pauperis. Doc. 8 at 1, 8. Pursuant
to 28 U.S.C. § 1915(e)(2), we reviewed the complaint and
concluded that it failed to state a claim upon which relief
could be granted. Id. We afforded Brett leave to
file an amended complaint by December 6, 2017. Id.
at 8. To date, Brett has failed to file an amended complaint.
Accordingly, we recommend that the Court dismiss Brett's
complaint against each of the defendants.
Factual Background and Procedural History.
September 1, 2017, Brett filed a complaint (doc. 1),
naming twenty-five defendants: (1) Mary E. D'Andrea; (2)
New Jersey Governor Chris Christy; (3) Bill Naulty; (4) David
Wildstein; (5) Mr. Service; (6) Bridget Kelly; (7) David
Samson; (8) Doug Borger; (9) John Leehman; (10) Sterling
Tarbett; (11) Steve Carramunche; (12) Summer Boobs; (13) John
Runyan; (14) Adido Jones; (15) Judge John Toal; (16) Mr. Man;
(17) Bruce Cutler; (18) Vincent Mancini; (19) Bill Baronie;
(20) Jaimie Fox; (21) Tom Hillion; (22) Tom Hillion's
White Woman Maid; (23) Atlantis Strip Club; (24) Jelk
Sinesinic; and (25) Wolfe and Samson.
Brett brings this action under 42 U.S.C. § 1983, his
handwritten complaint is often illegible, rambling, and
incomprehensible. From what can be gathered, Brett alleges
that while serving as a federal informant he witnessed a
myriad of crimes by public officials who acted in collusion
with the Gambino Mafia family. See doc. 1 at 4-5;
doc. 1-1 at 6, 9, 12. In 2011, Brett was discharged
as a federal informant, and thereafter government officials,
and members and associates of the mafia, stalked him, broke
into his home, beat him, and poisoned him and his family,
which led to his two children dying. See doc. 1 at
4-5; doc. 1-1 at 6. The complaint also includes
names of individuals who allegedly wronged Brett but who are
not named as defendants.
relief, Brett requests injunctive relief against Mr. Man and
his family for stalking Brett, and three million dollars from
each defendant “because this case has gone for many
years.” Doc. 1 at 5, 7. It is also not clear
from the complaint what specific type of injunctive relief
Brett seeks. See id.
Screening of In Forma Pauperis Complaints-Standard
Court has a statutory obligation to conduct a preliminary
review of pro se complaints brought by
plaintiffs given leave to proceed in forma pauperis.
Specifically, we are obliged to the amended complaint
pursuant to 28 U.S.C. § 1915(e)(2) which provides:
(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 ...