Stephen Healy v. United States Post Office

U.S. Court of Appeals for the Third Circuit
Stephen Healy v. United States Post Office, 644 F. App'x 163 (3d Cir. 2016)

Stephen Healy v. United States Post Office

Opinion

OPINION *

PER CURIAM.

Pro se appellant Stephen Healy (“Healy”) appeals from the order of the United States for the District Court of New Jersey. We will affirm the District Court’s decision to dismiss his complaint for failure to state a claim.

I.

On September 10, 2015, Healy filed a twelve-page complaint in the District Court of New Jersey, and asked for leave to proceed in forma pauperis (“IFP”). Healy’s twelve-page handwritten complaint appeared to be written in a stream of consciousness, and to the extent that he alleged any harm, he stated that the United States Post Office had sent him corrupt messages that inflicted permanent brain and memory damage on him, and were severely cruel. 1 He sought, at a minimum, ten million dollars in damages. The District Court granted Healy IFP status, but dismissed his complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) because Healy did not state a claim upon which relief could be granted. 2 Healy filed a timely notice of appeal.

II.

The District Court had jurisdiction pursuant to 28 U.S.C. § 1331, and we have jurisdiction pursuant to 28 U.S.C. § 1291. Our review of the District Court’s sua sponte dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii) is plenary. See Allah v. Seiverling, 229 F.3d 220, 223 (3d Cir. 2000). When dismissing complaints for failure to state a claim under § 1915(e)(2)(B)(ii), this standard of review is the same as under Fed.R.Civ.P. 12(b)(6). Where a complaint has not alleged sufficient facts to state a claim for relief that is “plausible on its face[,]” dismissal is appropriate. Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Pro se complaints must be construed liberally. See Erickson v. Pardus, 551 U.S. 89, 93-94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007).

Healy did not allege sufficient facts in his complaint to state a plausible claim for *164 relief. His materials invoke numerous fantasy scenarios, and his only concrete claim is that a sign posted in a United States Post Office can have its letters rearranged in an offensive way. He presented materials rearranging Post Office signs in just such a fashion, but it was clear that he had rearranged them. Even under a generous reading of his complaint, this does not constitute the basis for a facially plausible claim. See Connelly v. Lane Const. Corp., 809 F.3d 780, 786-87 (3d Cir. 2016).

For the reasons stated above, we will affirm the District Court’s order dismissing Healy’s complaint for failure to state a claim. In light of our disposition, Healy’s motion for appointment of counsel is denied. 3 See Tabron v. Grace, 6 F.3d 147, 155-66 (3d Cir. 1993).

*

This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.

1

. Healy was referring, for example, to signs stating "Collect a Classic,” referring to various stamps.

2

. The District Court also noted that Healy’s complaint was frivolous and failed to meet the.standards of Federal Rule of Civil Procedure 8.

3

. To the extent that Healy also sought an extension of time to file his informal brief, we decline to grant the extension because he timely filed his informal brief.

Reference

Full Case Name
Stephen HEALY, Appellant v. UNITED STATES POST OFFICE
Cited By
2 cases
Status
Unpublished