Opinion
Civil No. 17-5730
01-03-2018
VIRGILLIO VIRGO, GREGORY KLUP, SR., Plaintiffs, v. EDWARD GARCIA, JR., EDWARD GARCIA, Defendants.
OPINION Joseph F. Leeson, Jr. United States District Judge
Plaintiff Virgillio Virgo filed this civil action against Edward Garcia, Jr., and Edward Garcia. He also filed a motion to proceed in forma pauperis. Although Mr. Virgo named Gregory Klup, Sr., as a co-plaintiff, Mr. Klup neither signed the Complaint nor filed a motion to proceed in forma pauperis. Accordingly, the Court dismisses Mr. Klup as a plaintiff in this action. The Court also grants Mr. Virgo leave to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915, because it appears that he is incapable of paying the fees necessary to commence this action. However, the Court dismisses Mr. Virgo's Complaint.
Federal Rule of Civil Procedure 8(a) requires a complaint to contain "a short and plain statement of the claim showing that the pleader is entitled to relief." A district court may sua sponte dismiss a complaint that does not comply with Rule 8 if "the complaint is so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised." Simmons v. Abruzzo, 49 F.3d 83, 86 (2d Cir. 1995) (quotations omitted). Furthermore, as Mr. Virgio is proceeding in forma pauperis, the Court must dismiss his complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(ii) if it is frivolous or fails to state a claim. A complaint is frivolous if it "lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). It is legally baseless if "based on an indisputably meritless legal theory," Deutsch v. United States, 67 F.3d 1080, 1085 (3d Cir. 1995), and factually baseless "when the facts alleged rise to the level of the irrational or the wholly incredible." Denton v. Hernandez, 504 U.S. 25, 33 (1992). To survive dismissal for failure to state a claim, the complaint must contain "sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quotations omitted). Conclusory statements and naked assertions will not suffice. Id.
As is typical of Mr. Virgo's filings in federal court, his Complaint is rambling, unclear, and nonsensical. As his statement of the claim, Mr. Virgo writes:
Compensatory deman[d]s sum $75,000.00(Compl. at 3.) Having reviewed the Complaint, the Court cannot ascertain a clear factual basis for a non-frivolous claim within this Court's jurisdiction. Accordingly, the Court dismisses the Complaint pursuant to Rule 8 and 28 U.S.C. § 1915(e)(2)(B)(i)-(ii). In light of Mr. Virgo's Complaint in this action and his similar complaints in other actions, the Court concludes that amendment would be futile. See Grayson v. Mayview State Hosp., 293 F.3d 103, 112-13 (3d Cir. 2002). An appropriate order follows, which shall be docketed separately.
I was thrown fecal[] matter on me myself assaulted respondent talked in Spanish on what plan[n]ed for Mr. Gregory Klup, Sr. Found Mr. Klup in the revines of 309 exchange rescue one open field murder expla[]nation buzzards
Mr. Gregory Klup let Garcia Ed out of his cell. If you don't w[a]nt to be feis don't come to jail so stop b****ing and moaning found Klup Sr. body and motorcycle 309 exchange A.P.D. I.A.D. Clifford Knaphengers opps
Repelvins cor[r]ections L.C.P.
Neta prisons gang 2006 3 prongs indictments groups activity illicits narcotics to violence Sheriffs L.C.S.D. [unintelligible] long lives the President
On 2006 I went on writ for a possible[] release discovered Mr. Sr Klups, Gregory
BY THE COURT:
/s/ Joseph F . Leeson, Jr.
JOSEPH F. LEESON, JR.
United States District Judge