Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Morales v. Pallito

United States District Court, Second Circuit

June 19, 2013

Martin Demetrio Morales, Plaintiff,
v.
Andrew Pallito, Defendant.

OPINION AND ORDER (Doc. 1)

J. GARVAN MURTHA, District Judge.

Plaintiff Martin Demetrio Morales, a Vermont prisoner proceeding pro se , seeks to bring an action against DOC Commissioner Andrew Pallito. Now before the Court is Morales's motion to proceed in forma pauperis . Because Morales has made the showing of poverty required under 28 U.S.C. § 1915, his motion (Doc. 1) is GRANTED.

This case is one of over sixty new actions filed by Morales in this Court within the last month. The proposed Complaint is styled as an inmate civil rights action filed under 42 U.S.C. § 1983, but contains no facts or legal allegations. Morales makes reference in the proposed Complaint to an attachment, but the only attachment is a single-page, single-sentence assertion that Morales "attests to the following under the penalty of perjury." (Doc. 1-2 at 7.) The attachment is signed, but there are no further statements of fact, legal claims, or prayers for relief.

The Prison Litigation Reform Act, 28 U.S.C. § 1915A, requires the Court to conduct an initial screening of a prisoner's in forma pauperis action, and to dismiss the case if it "(1) is frivolous, malicious, or fails to state a claim on which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief." 28 U.S.C. § 1915(b); see also 28 U.S.C. § 1915(e)(2)(B). Because the proposed Complaint ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.