Martin v. DeCristoforo et al
ORDER dismissing Plaintiffs amended complaint (Docket No. 6) sua sponte, with prejudice and without leave to amend. (Clerk to close case.) (Copy of this Order sent by first class mail to Plaintiff.) Signed by Hon. Michael A. Telesca on 2/8/18. (JMC)-CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
DECISION AND ORDER
-vsJOYCE DECRISTOFORO, RYAN STILES, and
JACKIE WHITE, TRILLIUM DRIVER
SOLUTIONS, and MIDWEST CONSTRUCTION
Proceeding pro se, plaintiff Anthony Martin (“plaintiff”)
instituted this action by filing a complaint (Docket No. 1) dated
against defendants Joyce DeCristoforo, Ryan Stiles, and Jackie
White. Plaintiff also filed a motion for leave to proceed in forma
On October 17, 2017, the Court entered a Decision and
Order granting Plaintiff’s motion for in forma pauperis status and
(“Section 1915(e)(2)”). Docket No. 5. Plaintiff was granted leave
to file an amended complaint, which he did on October 31, 2017.
Docket No. 6.
The amended complaint purports to assert a claim
against Joyce DeCristoforo, Ryan Stiles, Jackie White, Trillium
The Court has reviewed the amended complaint as required by
Section 1915(e)(2) and finds, for the reasons stated below, that it
fails to state a cause of action for which relief may be granted.
Accordingly, the amended complaint is dismissed sua sponte, with
prejudice and without leave to amend.
Screening of the Complaint under Section 1915(e)(2)
Under Section 1915(e)(2), the Court must conduct an initial
screening of a pro se litigant’s complaint and must dismiss if it
is “frivolous or malicious”; “fails to state a claim upon which
relief may be granted”; or “seeks monetary relief from a defendant
who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B)(i)(iii).
“An action is ‘frivolous’ for § 1915(e) purposes if it has
no arguable basis in law or fact, as is the case if it is based on
an ‘indisputably meritless legal theory.’” Montero v. Travis, 171
F.3d 757, 759 (2d Cir. 1999) (quoting Neitzke v. Williams, 490 U.S.
319, 325 (1989)).
Plaintiff Has Not Stated a Claim
The gravamen of Plaintiff’s amended complaint is that, after
he was injured in a motor vehicle accident, Defendants failed to
complete certain paper work requested by Plaintiff’s insurance
company, causing him to lose wages. Plaintiff specifically alleges
that Defendants “refuse[d] to give proper advise [sic] to [his]
insurance so [he] lost [his] wages.”
Docket No. 6 at 1. Plaintiff
styled his initial complaint as an employment discrimination claim
but, as the Court explained in its October 17, 2017 Decision and
Order, Plaintiff failed to allege any facts from which the Court
could conclude that he was discriminated against on the basis of a
characteristic protected by federal anti-discrimination law.
The allegations in the amended complaint fail to remedy this
fatal flaw in Plaintiff’s claim.
Plaintiff has again failed to
Plaintiff has also not identified, nor can the
Court discern from his allegations, any other federal claim that
Plaintiff may have against Defendants.
amended complaint fails to state a cognizable claim.
Because Plaintiff has been given an opportunity to amend and
has failed to remedy the flaws in his pleading, the Court finds
that dismissal of his complaint with prejudice and without leave to
replead is appropriate.
(Docket No. 6) is dismissed sua sponte, with prejudice and without
leave to amend.
The Court hereby certifies, pursuant to 28 U.S.C.
§ 1915(a), that any appeal from this Order would not be taken in
good faith and leave to appeal to the Court of Appeals as a poor
person is denied.
See Coppedge v. United States, 369 U.S. 438
ALL OF THE ABOVE IS SO ORDERED.
s/ Michael A. Telesca
HON. MICHAEL A. TELESCA
United States District Judge
February 8, 2018
Rochester, New York.
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