Opinions and documents
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
EDGARDO MALDONADO-ARCE,
Plaintiff
v. Civil No. 25-1528 (GMM)
MR. COX,
Defendants.
OPINION AND ORDER
On October 1, 2025, Edgardo Maldonado-Arce (“Plaintiff”),
proceeding pro se, filed a Complaint against Mr. Cox of the
Special Investigation Unit of Erie County Department of Social
Services of Buffalo, New York (“Defendant”). Plaintiff has also
filed an Application to Proceed in District Court Without
Prepaying Fees or Costs (Docket No. 1), which is hereby granted.
For the reasons explained below, the Court finds that the
present Complaint must be, and is hereby, DISMISSED without
prejudice.
I. BACKGROUND
Plaintiff is a resident of San Juan, Puerto Rico. (Docket
No. 2 at 1). Plaintiff alleges that he is subject to “persecution
from (Buffalo) New York State” by way of Mr. Cox, an individual
who works for the Special Investigation Unit within the Erie
County Social Services Department in Buffalo. (Id. at 3-4).
Plaintiff alleges he owed $1,710.13 to the City of Buffalo for
debt “related to a gas bill from approximately 2008-2010”.
(Docket No. 2-3 at 4, 6). Plaintiff asserts that he traveled to
Buffalo and paid this debt in full. (Id. at 4). He alleges the
City of Buffalo subsequently approved a $35,000 loan that he used
to purchase his current home in Puerto Rico. (Id.).
Since then, Plaintiff purports that Erie County Department
of Social Services has continued to try and collect on this debt.
(Id. at 6). Plaintiff alleges that the debt has been “disputed,
resolved, and officially closed by the gas company and the Better
Business Bureau (BBB).” (Id.).
As a result, Plaintiff asserts he suffered damages to his
“reputation = credit score,” his criminal record, and
“persecution by Buffalo, New York state law enforcement for the
last 25 years almost.” (Docket No. 2 at 4). Plaintiff requests
relief in the amount of $10,000,000. (Id.).
Five Exhibits are attached to the Complaint. First,
Plaintiff attaches a billing statement dated April 20, 2025 in
the amount of $1,710.13 issued to him by Erie County Department
of Social Services that he alleges demonstrates “evidence of a
good credit score” (Docket No. 2-3 at 2-3). Second, Plaintiff
submits a response from NCO Financial Systems, Inc. dated
February 24, 2010 regarding an inquiry into a past due account
with creditor National Fuel Gas-Distribution, alerting Plaintiff
that the account is closed. (Id. at 4). Plaintiff appends this
response an explanation that this Exhibit is evidence that he
corrected his “credit problem” before receiving his home loan.
(Id.). Third, Plaintiff attaches a bank statement in Spanish from
Banco Popular dated May 16, 2025 regarding his mortgage payments
along with a receipt dated May 28, 2025 for mortgage payment in
the amount of $216.89. (Id. at 5). At the bottom of the document,
Plaintiff describes this Exhibit as “[his] evidence for the last
14 years almost that [he has] a good credit score and [he] paid
always on time.” (Id.). Fourth, Plaintiff’s last exhibit consists
of a portion of a letter dated June 9, 2025 addressed to a “Ms.
Cox” of the Special Investigations Unit of Erie County Department
of Social Services in which Plaintiff demands that Ms. Cox “cease
and desist from any further attempts to collect an alleged debt
related to a gas bill.” (Id. at 6) (emphasis omitted). The letter
references an “enclosed document” from the BBB that allegedly
proves the debt has been closed, but this document has not been
submitted to this Court. (Id.) (emphasis omitted). Lastly,
Plaintiff includes a picture of himself superimposed in front of
an image of a burning Twin Towers, entitled, in Spanish,
“September 11, 2001 and the North American Justice System,”
beside images of the flags of the United States and of Puerto
Rico and a cross. (Docket No. 2-6).
II. LEGAL STANDARD
For a federal district court to have subject-matter
jurisdiction over a case, there must be a federal question for the
Court to answer or complete diversity amongst defendants and an
amount in controversy that patently exceeds $75,000. 28 U.S.C. §
1331, 1332.
A federal district court has the authority to dismiss a claim
for lack of subject-matter jurisdiction if the claim is frivolous,
or “so insubstantial, implausible . . . or otherwise completely
devoid of merit as not to involve a federal controversy.” Steel
Co. v. Citizens for a Better Env’t., 523 U.S. 83, 89 (1998). A
“frivolous” action is one that “lacks an arguable basis either in
law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989).
Claims are factually frivolous when they describe “fantastic or
delusional scenarios.” Id. at 327–28; see also Denton v. Hernandez,
504 U.S. 25, 32 (1992).
To state a valid claim under Rule 8(a)(2) of the Federal Rules
of Civil Procedure, a plaintiff must do more than make conclusory
statements. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
Conversely, a plaintiff fails to state a claim when “it is clear
that no relief could be granted under any set of facts that could
be proved consistent with the allegations.” Hishon v. King &
Spalding, 467 U.S. 69, 73 (1984).
As plaintiff is proceeding pro se, his pleadings must be
liberally construed. Hughes v. Rowe, 449 U.S. 5, 9 (1980). This
principle acknowledges the reality that, “[p]resumably unskilled
in the law, the pro se litigant is far more prone to making errors
in pleading than the person who benefits from the representation
of counsel.” Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000)
(en banc) (citation and internal quotation marks omitted). Hence,
the Court is mindful of the special leniency extended to a pro se
litigant. O’Connor v. Yezukevicz, 589 F.2d 16, 18 (1st Cir. 1978)
(quoting Haines v. Kerner, 404 U.S. 519 (1972)). A pro se
plaintiff’s complaint is subject to “less stringent standards than
formal pleadings drafted by lawyers.” Haines, 404 U.S. at 520.
Even so, a complaint nevertheless must contain “basic facts
sufficient to state a claim.” Ferranti v. Moran, 618 F.2d 888, 890
(1st Cir. 1980).
A court may dismiss a complaint sua sponte pursuant to Federal
Rule of Civil Procedure 12(b)(6) if it is “crystal clear that the
plaintiff cannot prevail and that amending the complaint would be
futile.” Landrau v. Solis Betancourt, 554 F. Supp. 2d 102, 114
(D.P.R. 2007)(citations omitted); see also Gonzalez–Gonzalez v.
United States, 257 F.3d 31, 37 (1st Cir. 2001) (noting that sua
sponte dismissals shall be upheld when “the allegations contained
in the complaint, taken in the light most favorable to the
plaintiff, are patently meritless and beyond all hope of
redemption”).
III. ANALYSIS
The Complaint fails to satisfy Rule 8(a) and must be
dismissed accordingly.
First, the Complaint lacks “a short and plain statement of
the grounds for the court’s jurisdiction.” Fed. R. Civ. P.
8(a)(1). At no point in the Complaint does Plaintiff allege any
particularized facts to support any purported violation of
Plaintiff’s rights by Defendant. No details as to the time,
place, and date, at least in a general fashion, of any alleged
persecutory actions by Defendant are mentioned. Although
Plaintiff selected the “Federal Question” as a basis for
jurisdiction in the Complaint Form, no reference to any statute
was included and the Court cannot discern from the facts included
what the claim is about. Even if the Court assumed this is a
civil rights claim, “in a civil rights action as in any other
action . . . , the complaint should at least set forth minimal
facts as to who did what to whom, when, where, and why.”
Educadores Puertorriqueños en Acción v. Hernandez, 367 F.3d 61,
68 (1st Cir. 2004). Although “the requirements of Rule 8(a)(2)
are minimal . . . [,] ‘minimal requirements are not tantamount
to nonexistent requirements.’” Id. (quoting Gooley v. Mobil Oil
Corp., 851 F.2d 513, 514 (1st Cir. 1988)). Notably, Plaintiff
only includes documents demonstrating outstanding bills, bill
payments, inquiries into credit history, and a letter requesting
bill collection cease – none of which provide a basis for this
Court to assess if a federal question is implicated or if a
sufficient amount in controversy exists.
Second, as noted above, Plaintiff’s Complaint is not
coherent. The Complaint also lacks “a short and plain statement
of the claim showing that the pleader is entitled to relief.”
Fed. R. Civ. P. 8(a)(2). This statement must “‘give the
defendant[s] fair notice of what the . . . claim is and the
grounds upon which it rests,’ ” Bell Atl. Corp. v. Twombly, 550
U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47
(1957)), and afford the defendants “a meaningful opportunity to
mount a defense” Díaz-Rivera v. Rivera-Rodríguez, 377 F.3d 119,
123 (1st Cir. 2004) (quotation marks omitted). In the instant
case, Plaintiff provides no details as to what particular actions
Defendant took that led to an alleged “persecution” and damage
to Plaintiff’s reputation that warrants relief. He merely makes
a claim that he is entitled to damages and alleges that “[t]his
is a 100% malicious prosecution,” and fails to set forth the
basis of any claim against the named Defendant. (Docket No. 2 at
4).
Where, as here, “‘the complaint is so confused, ambiguous,
vague, or otherwise unintelligible that its true substance, if
any, is well disguised,’” dismissal is warranted. Riddick v. Bos.
Hous. Auth., No. 22-1557, 2023 WL 7806973, at *1 (1st Cir. June
20, 2023), cert. denied, 144 S. Ct. 599 (2024) (citations
omitted).
28 U.S.C. § 1915 is designed to ensure meaningful access to
the federal courts for individuals unable to pay the cost of
bringing an action. However, when a party is proceeding pursuant
to § 1915, “the court shall dismiss the case at any time if the
court determines,” inter alia, that the action is “frivolous or
malicious” or “fails to state a claim on which relief may be
granted.” 28 U.S.C. § 1915(e)(2)(B). “Dismissals [under § 1915]
are often made sua sponte prior to the issuance of process, so
as to spare prospective defendants the inconvenience and expense
of answering such complaints.” Neitzke, 490 U.S. at 324.
In light of the above, even recognizing Plaintiff’s pro se
status and affording the corresponding leniency to his filing,
given that Plaintiff has not alleged an actionable federal claim,
dismissal is warranted.
IV. CONCLUSION
In view of the foregoing, the case is DISMISSED without
prejudice. Judgment shall be entered accordingly.
IT IS SO ORDERED.
In San Juan, Puerto Rico, October 6, 2025.
s/ Gina R. Méndez-Miró
GINA R. MÉNDEZ-MIRÓ
United States District Judge
Not legal advice. These patterns come from public court records, not ratings of judges as people. They may reflect the types of cases a judge handles, local procedures or other factors, and they do not account for the facts of any individual case. Past patterns do not predict future rulings. Records can be incomplete, months behind current activity, or matched to the wrong person; sealed and confidential cases are not included. Use this as one piece of information, never the sole basis for legal strategy or a recusal motion. Full disclaimer: https://judgefinder.io/legal/disclaimer Read the full disclaimer.