Betancourt v. Sepulveda et al, No. 3:2009cv01925 - Document 5 (D.P.R. 2009)

Court Description: OPINION AND ORDER - The Court finds that Plaintiff's 2 Complaint is frivolous and judgment will be entered accordingly. Signed by Judge Jaime Pieras, Jr. on 10/16/2009. (mld)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO JOSà M. BETANCOURT, Plaintiff v. LUIS SEPà LVEDA and COURT-APPOINTED FACILITATOR FOR THE BENEFIT OF MANUEL BETANCOURT, CIVIL NO. 09-1925 (JP) Defendants OPINION AND ORDER Before the Court is a complaint (No. 2) filed by Plaintiff José Betancourt against Defendants Luis Sepúlveda and the Court-appointed Facilitator for the benefit of Manuel Betancourt. For the reasons stated herein, Plaintiff s complaint is DISMISSED WITHOUT PREJUDICE. In the instant case, Plaintiff filed the complaint on September 14, 2009 (No. 2), and an application to proceed in forma pauperis (No. 1). The Court granted the motion to proceed in forma pauperis (No. 4). In said Order, the Court also ordered Plaintiff to amend the complaint in order to comply with the requirements of Ashcroft v. Iqbal, ---U.S.---, 129 S. Ct. 1937 (2009), on or before October 15, 2009. Plaintiff failed to comply with said Order. When a plaintiff seeks to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a), a court may dismiss the plaintiff s case if satisfied that it is frivolous or malicious, fails to state a claim CIVIL NO. 09-1925 (JP) -2- upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e). A claim is frivolous within the meaning of § 1915(e) if it is based on an indisputably meritless legal theory, which lacks a basis in law. Neitzke v. Williams, 490 U.S. 319, 327 (1989) (explaining that sua sponte dismissal under 28 U.S.C. § 1915 is warranted only if a complaint is clearly baseless ). See González-González v. U.S.A., 257 F.3d 31 (1st Cir. 2001). The Court finds that Plaintiff s claim is frivolous as it presents incomprehensible allegations. The complaint states only legal conclusions and citations to federal law. lacking factual allegations. federal court. 1937 (2009). Ashcroft It is entirely Such a complaint cannot proceed in v. Iqbal, ---U.S.---, 129 S. Ct. The Court also notes that Plaintiff has filed a number of similar lawsuits in the district since 2006, nearly all of which have been dismissed as frivolous. See, e.g, Betancourt v. Calderoni, Cv. 06 - 1903 (D.P.R. 2007); Betancourt v. Vigoritto, Cv. 07-1851 (D.P.R. 2007). Accordingly, the Court will enter a separate Judgment dismissing the case without prejudice. IT IS SO ORDERED. In San Juan, Puerto Rico, this 16th day of October, 2009. s/Jaime Pieras, Jr. JAIME PIERAS, JR. U.S. SENIOR DISTRICT JUDGE

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.