1:25-cv-01833•Flores v. Lettman et al
Full text
1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _____________________________________________________________________ Valerie Flores, Plaintiff, v. 1:25-CV-1833 (AJB/MJK) Cory Lettman et. al., Defendant. _____________________________________________________________________ Valerie Flores, Plaintiff pro se Mitchell J. Katz, U.S. Magistrate Judge To the Honorable Anthony J. Brindisi, U.S. District Judge: REPORT- RECOMMENDATION On December 31, 2025, Flores began this action by filing a Complaint and moving for leave to proceed in forma pauperis (“IFP”) (Dkts. 1, 2). The Clerk sent Flores’s Complaint and IFP application to this Court for review. (Dkts. 1, 2). This Court reviewed Flores’s Complaint, granted the IFP application, and recommended the District Court dismiss the Complaint. (Dkt. 5). The District Court adopted that recommendation. (Dkt. 8). Flores filed an Amended Complaint (Dkt. 10). This Court now reviews that document. Case 1:25-cv-01833-AJB-MJK Document 12 Filed 03/11/26 Page 1 of 6
2 I. BACKGROUND None of the allegations in the Amended Complaint are necessary for the analysis. See generally (Amended Complaint, Dkt. 10). So the Court does not include them. II. STANDARD OF REVIEW In addition to determining whether plaintiffs meet the financial criteria to proceed IFP, courts must also review the sufficiency of the allegations in the complaint under 28 U.S.C. § 1915. That statute requires a court to dismiss a case—at any time—if it determines that the action is (1) frivolous or malicious; (2) fails to state a claim on which relief may be granted; or (3) seeks monetary relief against a defendant who is immune from such relief. See 28 U.S.C. § 1915 (e)(2)(B)(i)-(iii). When determining whether an action is frivolous, courts must consider whether the complaint lacks an arguable basis in law or in fact. See Neitzke v. Williams, 490 U.S. 319, 325 (1989), abrogated on other grounds by Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007); 28 U.S.C. § 1915. Dismissal of frivolous actions is appropriate to prevent abuses of court process and to discourage the waste of judicial resources. Neitzke, 490 U.S. at 327; Harkins v. Eldredge, 505 F.2d 802, 804 (8th Cir. 1974). Case 1:25-cv-01833-AJB-MJK Document 12 Filed 03/11/26 Page 2 of 6
3 To be sure, courts have a duty to show liberality toward pro se litigants and must use extreme caution when sua sponte dismissing pro se complaints before adverse parties have been served and had an opportunity to respond. See Fitzgerald v. First E. Seventh St. Tenants Corp., 221 F.3d 362, 363 (2d Cir. 2000) (finding that a district court may dismiss a frivolous complaint sua sponte even when plaintiff has paid the filing fee). But courts still have a responsibility to determine that a claim is not frivolous before permitting a plaintiff to proceed. See id. III. DISCUSSION The Court recommends the District Court dismiss Flores’s Complaint. For courts to hear a claim venue must be proper. Here, Flores concedes that most of the events she alleges occurred in Wisconsin. Thus, venue is not proper in the Northern District of New York. In consequence, the Court should dismiss Flores’s Amended Complaint. “[F]or venue to be proper, significant events or omissions material to the plaintiff's claim must have occurred in the district in question, even if other material events occurred elsewhere.” Chen v. Wang, 793 F. Supp. 3d 447, 454 (E.D.N.Y. 2025) (emphasis in original) (quoting Gulf Case 1:25-cv-01833-AJB-MJK Document 12 Filed 03/11/26 Page 3 of 6
4 Ins. Co. v. Glasbrenner, 417 F.3d 353, 357 (2d Cir. 2005)). But here, scouring Flores’s Complaint, none of the allegations occurred in New York, let alone the Northern District. See, e.g., Basile v. Walt Disney Co., 717 F. Supp. 2d 381, 386 (S.D.N.Y. 2010) (finding that venue is not proper because “none of the events giving rise to” the plaintiff’s “claims occurred in New York.”). By Flores’s own words, the events giving rise to the claim occurred in “mainly” in “Wisconsin” but also in “California,” “Iowa,” and Illinois. (Amended Complaint, Dkt. 10, at pg. 4). So the proper venue for this action is a Wisconsin federal court. See Chen, 793 F. Supp. 3d at 454. As a result, this Court is not the right venue for Flores’s claims. Flores should not be allowed to amend her Amended Complaint. Generally, before courts dismiss a pro se complaint or any part of the complaint on its own, they should afford the plaintiff the opportunity to amend at least once; but leave to re-plead may be denied where any amendment would be futile. See Ruffolo v. Oppenheimer & Co., 987 F.2d 129, 131 (2d Cir. 1993). Futility is present when the problem with a plaintiff’s causes of action is substantive such that better pleading will not cure it. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) Case 1:25-cv-01833-AJB-MJK Document 12 Filed 03/11/26 Page 4 of 6
5 (citation omitted). Here, the District Court gave Flores the opportunity to amend her Complaint so that it could plausibly allege a claim. The Amended Complaint does not allege a viable claim in the Northern District of New York. Allowing Flores to amend her Amended Complaint will not change that. In consequence, the District Court should not allow Flores to amend her Amended Complaint. IV. CONCLUSION WHEREFORE, based on the findings above, it is RECOMMENDED, the District Court dismiss Flores’s Amended Complaint (Dkt. 10) WITHOUT PREJUDICE and WITHOUT LEAVE TO FILE OR AMEND HER COMPLAINT IN THIS COURT; and it is further ORDERED, that the Clerk of the Court serve a copy of this Order and Report-Recommendation on Plaintiff by regular mail.1 Under 28 U.S.C. § 636(b)(1) and Local Rule 72.1(c), the parties have 14 days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. 1 The Clerk shall also provide Plaintiff with copies of all unreported decisions cited herein in accordance with Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). Case 1:25-cv-01833-AJB-MJK Document 12 Filed 03/11/26 Page 5 of 6
6 FAILURE TO OBJECT TO THIS REPORT WITHIN 14 DAYS WILL PRECLUDE APPELLATE REVIEW. See Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993) (citing Small v. Secretary of Health and Human Services, 892 F.2d 15 (2d Cir. 1989)); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(a), 6(e), 72. Dated: March 11th, 2026 __________________________ Hon. Mitchell J. Katz U.S. Magistrate Judge Case 1:25-cv-01833-AJB-MJK Document 12 Filed 03/11/26 Page 6 of 6
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.