Rios-Rodriguez v. Department of Justice - Commonwealth of P.R. et al
MEMORANDUM AND ORDER: For the reasons set forth in this Memorandum and Order, Plaintiff's Complaint at Docket No. 1 is hereby DISMISSED WITH PREJUDICE. Judgment shall be entered accordingly. Signed by Judge Raul M. Arias-Marxuach on 11/17/2022. (mrr)
Case 3:21-cv-01291-RAM Document 27 Filed 11/17/22 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF PUERTO RICO
LUIS ALBERTO RÍOS-RODRÍGUEZ,
CIVIL NO. 21-1291 (RAM)
DEPARTMENT OF JUSTICE OF THE
COMMONWEALTH OF PUERTO RICO,
MEMORANDUM AND ORDER
RAÚL M. ARIAS-MARXUACH, United States District Judge
Plaintiff Luis Alberto Ríos-Rodríguez (“Plaintiff”) filed a
pro se Complaint on June 17, 2021. (Docket No. 1). Plaintiff claims
that a group of Puerto Rico Commonwealth Court Judges imposed
improper fines on him while he was representing himself in forma
pauperis in a “a plot to cut [his] head [sic] to reject, to dismiss
puertorrican [sic] way.” Id. at 2. He requests compensation for
his emotional, physical, and mental damages and anguish ascending
Plaintiff with 3 different pro-bono counsel, all of whom have
withdrawn. (Docket Nos. 6, 13, and 22).
Case 3:21-cv-01291-RAM Document 27 Filed 11/17/22 Page 2 of 3
Civil No. 21-1291
On August 24, 2022, the Court issued the following order: “By
September 30, 2022, Plaintiff shall show cause why the complaint
should not be dismissed for failure to state a claim upon which
relief can be granted.” (Docket No. 24). Plaintiff filed a motion
in response (Docket No. 25). Therein, he cites to motions in
various other cases; names and accuses a judge and legislator of
wrongdoing; and attached multiple unidentified, and seemingly
unrelated, pages of deposition transcripts. Id. The Court noted
the motion. (Docket No. 26).
Fed. R. Civ. P. 12(b)(6) allows a complaint to be dismissed
for “failure to state a claim upon which relief can be granted.”
When ruling on a motion to dismiss under this rule, courts must
determine whether “all the facts alleged [in the complaint], when
viewed in the light most favorable to the plaintiffs, render the
plaintiff's entitlement to relief plausible.” Ocasio-Hernandez v.
Fortuno-Burset, 640 F.3d 1, 14 (1st Cir. 2011).
Additionally, 28 U.S.C. § 1915(e)(2)(B) gives the Court the
authority to dismiss a claim in forma pauperis on the grounds of
it being either: frivolous or malicious; fails to state a claim on
which relief may be granted; or seeks monetary relief against a
defendant who is immune from such relief. A complaint is frivolous
if “lacks an arguable basis either in law or in fact, one that
contains either inarguable legal conclusions or fanciful factual
Case 3:21-cv-01291-RAM Document 27 Filed 11/17/22 Page 3 of 3
Civil No. 21-1291
allegations.” Street v. Fair, 918 F.2d 269, 272-73 (1st Cir. 1990)
(citations omitted) (emphasis added). Also, “the statute accords
judges not only the authority to dismiss a claim based on an
indisputably meritless legal theory, but also the unusual power to
pierce the veil of the complaint’s factual allegations and dismiss
those claims whose factual contentions are clearly baseless.”
Neitzke v. Williams, 490 U.S. 319, 327 (1989).
compelled to dismiss Plaintiff’s Complaint for being frivolous and
failing to state a claim upon which relief may be granted. The
Complaint references a jumble of lawsuits and motions. The facts
grounds for a cognizable legal claim. Thus, Plaintiff’s Complaint
at Docket No.1 is hereby DISMISSED WITH PREJUDICE. Judgment shall
be entered accordingly.
IT IS SO ORDERED.
In San Juan, Puerto Rico this 17th day of November 2022.
S/ RAÚL M. ARIAS-MARXUACH
United States District Judge
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