Toscano v. Magellan Health Services
Opinion of the Court
OPINION
This is an appeal from the district court’s dismissal of Louis Paul Toscano’s amended complaint filed against Magellan Health Services (“Magellan”). For the following reasons, we will dismiss this appeal. See 28 U.S.C. § 1915(e)(2)(B)(i).
I.
On October 6, 2005, Toscano initiated this action by filing a complaint against
II.
We have jurisdiction over this appeal under 28 U.S.C. § 1291. Because Toscano has been granted in forma pauperis status, we review this appeal for possible dismissal under 28 U.S.C. § 1915(e)(2)(B). Section 1915(e)(2)(B) authorizes dismissal of an appeal if it has no arguable basis in law or fact. See Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). This court’s review of a district court’s dismissal under Rule 12(b)(6) is plenary. See Kost v. Kozakiewicz, 1 F.3d 176, 183 (3d Cir. 1993). A motion to dismiss pursuant to Rule 12(b)(6) “tests the sufficiency of the allegations contained in the complaint.” Id.
III.
The district court correctly determined that Toscano’s amended complaint, invoking the Americans with Disabilities Act and the Vocational Rehabilitation of 1973, failed to state a claim against Magellan that could entitle him to any relief. Magellan, a health care management organization, is authorized to administer AT&T’s mental health and substance abuse benefits under AT&T’s group insurance program for its employees. As a benefits program administrator for AT&T, Magellan was simply not in a position to act in any way related to Toscano’s termination from AT&T nor to modify Toscano’s disability status.
In sum, because Toscano’s appeal lacks arguable legal merit, we will dismiss it pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). Toscano’s motions for emergent relief and to compel records are denied.
. On this same date, Toscano also filed separate complaints against AT&T and Connecticut General Life Insurance Company ("CGLIC”) in the District of New Jersey. See D.C. Nos. 05-cv-03539, 05-cv-04833. Both of these actions and the action underlying this appeal were consolidated for the purposes of discovery only. Appeals by Toscano in his actions against CGLIC and AT&T are currently pending before this court. See C.A. Nos. 07-1629, 07-2438.
. Toscano also made numerous claims concerning the circumstances of his termination from AT&T. As we further explain, it is unclear how Magellan, as a provider of health services, was a party to any of these transactions.
. Toscano, in fact, conceded in his amended complaint that he “realiz[ed] that some aspects of this case were not within the control of [Magellan].”
Reference
- Full Case Name
- Louis Paul TOSCANO v. MAGELLAN HEALTH SERVICES, also known as Green Spring of New Jersey, also known as Merit Behavioral Care
- Status
- Published