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Papadopoulos v. US Goverment

United States District Court, D. Massachusetts

July 18, 2019

GREGORY PAPADOPOULOS, Plaintiff,
v.
US GOVERNMENT, et al., Defendants.

          MEMORANDUM AND ORDER

          PATTI B. SARIS, CHIEF UNITED STATES DISTRICT JUDGE

         For the reasons stated below, the Court grants plaintiff's motion to proceed in forma pauperis, denies plaintiff's motion seeking preliminary injunctive relief and dismisses this action.

         BACKGROUND

         Plaintiff Gregory Papadopoulos, a resident of New York, filed his self-prepared complaint naming as defendants the United States Government, the Federal Bureau of Investigation (“FBI”) and Alfonso “Alfy” Fanjul (alleged “boss of Fanjul Organized Crime Family”). See Docket No. 1, Complaint (“Compl.”). Plaintiff alleges “corrupt cooperation and conspiracy” between the FBI and Fanjul and seeks monetary, declaratory and injunctive relief. Id. at p. 1.

         Plaintiff's complaint consists primarily of a recounting of events spanning more than twenty-five years as well as a list of plaintiff's subsequent efforts for legal redress. Plaintiff arrived in the United States from Greece in 1964 to attend Columbia University and subsequently married and became a successful trader and broker on Wall Street. Compl. p. 2. Plaintiff states that beginning in “1995[, the] defendants imitating the FBI-Whitey Bulger conspiracy in Boston set out to destroy our lives.” Id. at p. 2. With the complaint, plaintiff attaches the following three exhibits: (1) a description of Fanjul Organized Crime Family; (2) a list of judicial assignments of 80 federal and states cases submitted as proof of an “FBI-Gangster conspiracy, ” and (3) an email from plaintiff's sister which plaintiff alleges is a settlement offer from the FBI. Id.

         With his complaint, Papadopoulos filed a self-prepared motion to proceed in forma pauperis as well as an affidavit in support of his request for a preliminary injunction. See Docket Nos. 2, 3.

         MOTION TO PROCEED IN FORMA PAUPERIS

         A party filing a civil action must either pay the filing fee or file an application to proceed in forma pauperis. See 28 U.S.C. § 1914(a); 28 U.S.C. § 1915 (proceedings in forma pauperis). Upon review of Papadoupoulos' motion, the Court concludes that he has shown that he is without assets to pay the filing fee. Accordingly, his motion is allowed.

         SCREENING OF THE COMPLAINT

         Because the plaintiff is proceeding in forma pauperis, his complaint is subject to screening under 28 U.S.C. § 1915(e)(2). This statute authorizes federal courts to dismiss actions in which a plaintiff seeks to proceed without prepayment of fees if the action is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. See 28 U.S.C. § 1915(e)(2).

         When examining the sufficiency of the pleadings, the court considers whether the plaintiff has pled “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation omitted). The court accepts well-pleaded allegations of the complaint as true, drawing all reasonable inferences in favor of the plaintiff.[1]

         A pro se plaintiff such as Papadopoulos is entitled to a liberal reading of his allegations, even when such allegations are inartfully pled. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Rodi v. New Eng. Sch. of Law, 389 F.3d 5, 13 (1st Cir. 2004).

         DISCUSSION

         Even construed liberally, Papadopoulos' complaint fails to state a claim upon which relief may be granted. He fails to state the legal basis for his claim and it is impossible to discern from the complaint precisely ...


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