United States District Court, E.D. Pennsylvania
J. PAPPERT, J.
Roylando Santiago, III, a prisoner incarcerated at the
Curran-Fromhold Correctional Facility, initiated this civil
action in January of 2018 by filing a Motion to Proceed
In Forma Pauperis and a pro se Complaint.
In an Order docketed February 2, 2018, the Court denied the
Motion to Proceed In Forma Pauperis without
prejudice because Santiago failed to file a certified copy of
his prison account statement for the six-month period prior
to filing his Complaint as required by 28 U.S.C. §
1915(a)(2). (ECF No. 2.) When Santiago failed to cure that
defect in the thirty-day time period allotted by the Order,
the Court dismissed his case without prejudice for failure to
prosecute in an Order entered on the docket March 13, 2018.
(ECF No. 3.) On April 30, 2018, the Court received from
Santiago a Motion to Proceed In Forma Pauperis, a
Prison Account Statement,  and an Amended Complaint. Having
considered those filings, the Court will vacate its Order
dismissing this case for failure to prosecute in light of
Santiago's pro se status, grant Santiago leave
to proceed in forma pauperis, and dismiss the
Amended Complaint with prejudice as factually frivolous.
Amended Complaint, which was filed using a form complaint,
appears to be raising claims against the City of Philadelphia
pursuant to 42 U.S.C. § 1983 based on events that
occurred at the Philadelphia Industrial Correctional Center
in 2011. Santiago describes the facts giving rise to his
claims as follows:
Before my Uncle Louis Morales passed away from cancer (2011).
He sent me a letter of intent - I have a flower on my heart.
I'm radio active. God gave me a [sic] oath in Teledo,
[sic] Ohio. On a talk radio on 1210 AM from two (2) AM too
[sic] 6 AM, they have a show about aliens, and hearing aids.
Someone has the signal in my ear. Who ever it is, keeps
cutting it on and is taunting me.
(Am. Compl. ECF No. 6 at 3.) He further indicates that a
“symbol of justice” was referenced in the
newspaper on December 25, 2016. (Id.)
to the Amended Complaint raise additional allegations about
justice, the newspaper, and freedom of the press, and include
a biblical quotation. In the section of the form complaint
that asks a plaintiff to state information about grievances,
Santiago wrote “I'm a king and also a messenger of
God, ” and that he has “camera's in [his]
eyes.” (Id. at 7 & 10.)
to the Amended Complaint include grievances that Santiago
filed claiming that he is an “Indian King, ”
alleging that he has a “flower” on his heart,
asserting that his “bed vibrates, ” and asking to
speak to a chaplain. (Id. at 8.)
portion of the form complaint that asks a plaintiff to
describe his injuries, Santiago wrote that he has “been
in a [sic] accident with the Sheriff's Department,
” that he was going to “mental health for
anxiety, ” and that his “bed vibrates all day in
[his] cell.” (Id. at 3.) In the section of the
form complaint that asks a plaintiff to state the relief he
seeks, Santiago wrote that he has “a civil judgement
[sic] against [him] (civil)” and that he would like to
be “relieved of the liability.” (Id. at
10.) He also references Miranda v. Arizona, 384 U.S.
436 (1966), and two of his criminal cases (which are
apparently the civil judgments to which he earlier referred),
CP-51-CR-0001177-2010 and CP-51-CR-0005733-2010. Public
dockets for those cases reflect that Santiago was convicted
of drug-related charges and assault, and that his probation
was recently revoked in one of those cases. Santiago also
seeks $100 million in damages and “a share holders card
with Wells Fargo that I will like return.”
(Id. at 11.)
Court grants Santiago leave to proceed in forma
pauperis because it appears that he is not capable of
paying the fees to commence this civil action. As Santiago is
proceeding in forma pauperis, 28 U.S.C. §
1915(e)(2)(B)(i) and (ii) apply, which require the Court to
dismiss the Amended 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 (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 (1992). To survive dismissal for failure to state
a claim, the complaint must contain “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 (2009) (quotations omitted). Conclusory
statements and naked assertions will not suffice.
Id. As Santiago is proceeding pro se, the
Court must construe his allegations liberally. Higgs v.
Att'y Gen., 655 F.3d 333, 339 (3d Cir. 2011).
allegations are nonsensical and nothing in his Amended
Complaint gives rise to a logical basis for a claim.
Accordingly, the Court will dismiss this case as factually
frivolous. See Golden v. Coleman, 429 Fed.Appx. 73,
74 (3d Cir. 2011) (per curiam) (dismissing case as factually
frivolous when plaintiff alleged that the defendants
“violated his constitutional rights by planting
‘Government Micro Eye Cameras' in his food and
broadcasting images obtained from those cameras on prison
television”). Furthermore, in the event Santiago is
attempting to challenge his criminal convictions by seeking
relief from “the liability” of his
“civil” judgment (Am. Compl. at 10), he may only
do so by filing in federal court a petition for a writ of
habeas corpus after exhausting state remedies.
See 28 U.S.C. § 2254; Preiser v.
Rodriguez, 411 U.S. 475, 500 (1973).
foregoing reasons, the Court will dismiss Santiago's
Complaint and he will not be given leave to amend because
amendment would be futile. An appropriate ...