Kelly Ross v. Joy Campanelli, Genine D. Edwards, and Brian Gottlieb

Summary

The United States District Court for the Western District of Wisconsin dismissed Kelly Ross’s pro se complaint with prejudice under 28 U.S.C. § 1915(e)(2)(B). The court found that the complaint failed to state a claim and was duplicative and malicious, noting apparent judicial immunity, lack of connection to the district, an undeliverable address, and similar nationwide filings. The court denied pending motions, certified that an appeal would not be taken in good faith, and directed the clerk to return similar future filings by Ross unfiled.

Holdings

1. The complaint failed to state a plausible claim for relief because it consisted of a bare assertion that defendants had engaged in ex parte communication without supporting factual allegations.
2. Leave to amend was properly denied because amendment would not cure the apparent judicial immunity, lack of connection to the district, fictitious or undeliverable address, and duplicative and abusive nature of the action.
3. The action was properly dismissed with prejudice as duplicative and malicious because it appeared to have been filed to harass defendants and waste judicial resources.
4. The court could direct the clerk to return unfiled any similar new civil action filed by Ross pursuant to the procedure recognized in Support Systems International v. Mack.

Questions Presented

1. Whether the one-sentence complaint stated a plausible claim for relief under the applicable pleading standards.
2. Whether the court should grant leave to amend a deficient pro se complaint.
3. Whether the action should be dismissed with prejudice as duplicative and malicious under 28 U.S.C. § 1915.
4. Whether the court could direct the clerk to return unfiled similar future actions filed by the plaintiff.

Disposition

dismissed