Opinion
J. S84032/18 No. 2433 EDA 2018
02-11-2019
KENDALL GARLAND, Appellant v. DAGE GARDNER, ET AL.
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Order Entered July 20, 2018, in the Court of Common Pleas of Philadelphia County
Civil Division at No. July Term, 2018 No. 1810 BEFORE: BENDER, P.J.E., OTT, J., AND FORD ELLIOTT, P.J.E. MEMORANDUM BY FORD ELLIOTT, P.J.E.:
Kendall Garland appeals pro se from the July 20, 2018 order granting his in forma pauperis ("IFP") petition and dismissing his complaint against appellees, Probation Officers Dage Gardner, Benjamin Mallow, and David Knorr; "Unknown Arresting Officer;" and the City of Philadelphia, for failure to set forth a cause of action upon which relief could be granted, pursuant to Pa.R.C.P. 240(j)(1). After careful review, we affirm on the basis of the well-reasoned opinion of the trial court.
Both our supreme court and this court have recognized that orders that grant or deny IFP status and dismiss companion complaints as frivolous are final and appealable. See Grant v. Blaine ,868 A.2d 400, 402-403 (Pa. 2005); Crosby Square Apartments v. Henson , 666 A.2d 737, 738 (Pa.Super. 1995).
The caption has been amended to acknowledge the additional appellees.
No appellee brief was filed in this matter.
The trial court summarized the relevant facts and procedural history of this case as follows:
[On July 17, 2018, appellant] commenced this action against [appellees]. [Appellant] contemporaneously filed a Petition to Proceed In Forma Pauperis [], which was assigned to this court. As permitted under Pa.R.C.P. 240(j)(1), the court reviewed the IFP Petition and the Complaint.Trial court opinion, 9/17/18 at 1-3 (quotation marks in original).
. . . .
The Complaint includes nine counts and states claims for malicious prosecution; false arrest and imprisonment; abuse of process; "retaliation for success related to the January, 2017 SORNA[] charges"; and "punishment without due process and the violation of [appellant's] rights to be free from Ex Post Facto Puni[s]hment ([Appellant] required and still currently being required to register in violation of the Pa Supreme Court Muniz [] decision)."
Upon review, the court granted the IFP Petition and dismissed the action as frivolous [on July 20, 2018].
Pennsylvania's Sex Offender Registration and Notification Act, 42 Pa.C.S.A. §§ 9799.10-9799.41.
Commonwealth v. Muniz , 164 A.3d 1189 (Pa. 2017), cert. denied ,___ U.S. ___, 138 S.Ct. 925 (2018).
On August 15, 2018, appellant filed a timely pro se notice of appeal. The trial court did not direct appellant to file a concise statement of errors complained of on appeal, in accordance with Pa.R.A.P. 1925(b). On September 17, 2018, the trial court filed an opinion.
Appellant raises the following issues for our review:
1. Does the Complaint state a claim upon which relief may be granted?Appellant's brief at 3.
[2]. And should [appellant] have either been given latitude as a pro se litigant and/or at least been given the opportunity to amend the complaint if the complaint did not technically state a claim (since the gist of the issues in the complaint are clear and obvious and the complaint, even though [appellant] asserts that it does state a claim, it could be validly and easily amended to cure any potential defects in the pleadings)[?]
Appellant's brief does not contain pagination; for the ease of our discussion, we have assigned each page a corresponding number.
"Our review of a decision dismissing an action pursuant to Pa.R.C.P. 240(j) is limited to a determination of whether the plaintiff's constitutional rights have been violated and whether the trial court abused its discretion or committed an error of law." Ocasio v. Prison Health Servs.,979 A.2d 352, 354 (Pa.Super. 2009) (citation omitted). Rule 240(j) provides, in relevant part, as follows:
If, simultaneous with the commencement of an action or proceeding or the taking of an appeal, a party has filed a petition for leave to proceed
in forma pauperis ,the court prior to acting upon the petition may dismiss the action, proceeding or appeal if the allegation of poverty is untrue or if it is satisfied that the action, proceeding or appeal is frivolous.Pa.R.C.P. 240(j)(1) (emphasis added). "Under Rule 240(j), an action is frivolous if, on its face, it does not set forth a valid cause of action." Ocasio ,979 A.2d at 354 (citation and internal quotation marks omitted).
Instantly, appellant contends that he possessed viable causes of action against appellees for malicious prosecution, false imprisonment, abuse of process, "retaliation," and various due process violations presumably under 42 U.S.C.A. § 1983. (Appellant's brief at 5-9.)
42 U.S.C.A. § 1983, Civil action for deprivation of rights.
Following our careful review of the record, including appellant's brief and the applicable law, and in light of this court's scope and standard of review, it is our determination that there is no merit to the issues raised on appeal. The trial court's September 17, 2018 opinion comprehensively discusses and disposes of each of appellant's claims. ( See trial court opinion, 9/17/18 at 3-7.) We agree with the trial court that, "the Complaint fails to set forth facts essential to support any of the stated causes of action." ( Id. at 4.) Moreover, in reaching this conclusion, we emphasize that,
[a]lthough this Court is willing to liberally construe materials filed by a pro se litigant, pro se status confers no special benefit upon the appellant. To the contrary, any person choosing to represent himself
in a legal proceeding must, to a reasonable extent, assume that his lack of expertise and legal training will be his undoing.In re Ullman , 995 A.2d 1207, 1211-1212 (Pa.Super. 2010) (citations omitted), appeal denied , 20 A.3d 489 (Pa. 2011).
Accordingly, we discern no error on the part of the trial court in dismissing appellant's complaint under Rule 240(j)(1), and adopt the trial court's opinion as our own for purposes of this appellate review.
Order affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 2/11/19
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