Summary
This memorandum opinion from the United States District Court for the Eastern District of Pennsylvania addresses a pro se civil action filed by an incarcerated plaintiff alleging sexual abuse of his son and a broad conspiracy involving private individuals and government entities. The court grants the plaintiff leave to proceed in forma pauperis but dismisses the complaint in its entirety. The dismissal is based on lack of standing for claims brought on behalf of third parties, factual frivolity regarding the conspiracy allegations, failure to state a plausible claim under 42 U.S.C. § 1983, and lack of subject matter jurisdiction over state law claims due to insufficient diversity and amount in controversy.
Topics
Practice areas
Questions Presented
- Whether the complaint fails to state a claim under 28 U.S.C. §1915(e)(2)(B)(ii) and must be dismissed under Rule 12(b)(6).
- Whether plaintiff has standing to assert claims on behalf of his son.
- Whether the federal constitutional claims under 42 U.S.C. §1983 can proceed.
- Whether diversity jurisdiction exists under 28 U.S.C. §1332(a).
- Whether the court should grant in forma pauperis status.
Holdings
- The complaint is dismissed for failure to state a claim because it contains conclusory allegations and lacks factual support.
- Claims asserted on behalf of the son are dismissed without prejudice for lack of standing.
- All §1983 claims are dismissed with prejudice for failure to allege state‑action.
- Diversity jurisdiction is lacking because parties are not completely diverse and the amount in controversy is below $75,000.
- In forma pauperis status is granted.
Key quotations
“The use of the term “frivolous” in § 1915 “embraces not only the inarguable legal conclusion, but also the fanciful factual allegation.” Id. at 327.” (at 327)
Factual background
Abraham Fata, a prisoner, alleges that his four‑year‑old son was sexually assaulted by defendant Abraham Ortiz and that a broader conspiracy involving religious groups and government officials seeks to oppress him. The complaint lists numerous criminal and civil statutes but provides no factual support for any of the alleged violations.
Procedural history
Plaintiff filed a pro se civil action alleging sexual abuse and a conspiracy. The district court considered the motion to dismiss under Rule 12(b)(6) and the in forma pauperis petition and entered an order dismissing the complaint.