Opinion
Civil Action No. 05-1082.
May 17, 2005
ORDER-MEMORANDUM
AND NOW, this 17th day of May, 2005, the petition for writ of habeas corpus, styled "Redress of Grievance," is dismissed. Fed.R.Civ.P. 12(b)(6).
"Dismissal for failure to state a claim is appropriate only if it `appears beyond doubt that plaintiff can prove no set of facts in support of his claim which would entitle him to relief.'" Wheeler v. Hampton Twp., 399 F.3d 238, 243 (3d Cir. 2005), quoting Worldcom, Inc. v. Graphnet, Inc., 343 F.3d 651, 653 (3d Cir. 2003).
Petitioner Eric Santillo, a Berks County Prison inmate, filed a pro se petition asserting that respondent, Berks County Commissioner Mark Scott,"Discouraged, Intimedated [sic] Hispanics AND people of color stating would be Arrested if they Appear to vote Granting non-whites right to vote Being HARRASSED By Scott AND Bellman," and made racially derogatory statements to the press. Petition, ¶¶ 3, 4. Scott is alleged to be seeking a judgeship, which he will use to "lock [up] poverty stricken, disabled, Black, Hispanic + other spanish speaking Residents" in the course of his "NAZI reign." Petition, ¶¶ 5-7. The petition does not allege any injury to petitioner resulting from this conduct, and requests only an investigation of Scott's alleged hate crimes, a remedy not available in this court, and must be dismissed.
The pro se petition appears to be filed on behalf of petitioner, three other prisoners, and the "people of Reading." Petition. "A person ordinarily may not appear pro se in the cause of another person or entity." Pridgen v. Andersen, 113 F.3d 391, 393 (2d Cir. 1997).