Caesar v. Megamillion Biggame , 193 F. App'x 119 ( 2006 )


Menu:
  •                                                                                                                            Opinions of the United
    2006 Decisions                                                                                                             States Court of Appeals
    for the Third Circuit
    8-16-2006
    Caesar v. Megamillion Biggame
    Precedential or Non-Precedential: Non-Precedential
    Docket No. 06-1055
    Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006
    Recommended Citation
    "Caesar v. Megamillion Biggame" (2006). 2006 Decisions. Paper 577.
    http://digitalcommons.law.villanova.edu/thirdcircuit_2006/577
    This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova
    University School of Law Digital Repository. It has been accepted for inclusion in 2006 Decisions by an authorized administrator of Villanova
    University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
    NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    NO: 06-1055
    JOYCE A. CAESAR,
    Appellant
    vs.
    MEGAMILLION BIGGAME LOTTERY; POWERBALL LOTTERY; NEW JERSEY
    DEPARTMENT OF THE TREASURY; NEW JERSEY DIVISION OF LOTTERY;
    DELAWARE DIVISION OF LOTTERY; CHASE MANHATTAN BANK; NEW YORK
    DIVISION OF LOTTERY; THEODORE WIZARD MILLS; BONEGAL PLOWDEN
    SPEARMAN; EDWARD ALLEN; ALLEN OLIVER; ESTATE OF GLORIA OLIVER;
    MARGARET R. DEFRANCISCO; WAYNE LEMMONS; VIRGINIA HAINES;
    VIRGINIA E. BAUER; CAROL HEDINGER; JAMIE GILMARTIN; DELORES
    MATOS; BARHARTA O’HARA; WILLIAM T. JOURDAIN; DONALD
    DIFRANCESCO; CARLOS I. CORREA; SUPERIOR COURT OF NEW JERSEY;
    APPELLATE DIVISION OF NEW JERSEY; NEWARK MUNICIPAL COURT;
    JUDGE THOMAS P. ZAMPINO; JUDGE ALPHONSE J. CIFELLO; JUDGE CRAIG
    R. HARRIS; JUDGE PAUL R. O’CAMILE; JUDGE GLENN GRANT; JUDGE
    DENNIS J. BRAITHWAITE; JUDGE LAWRENCE BILDER; JUDGE EDWIN H.
    STERN; JUDGE NAOMI EICHEN; JUDGE LORRAINE PARKER; JUDGE HARRIET
    KLEIN; JUDGE NEIL H. SHUSTER; JUDGE NANCY SIVILLI; HILLSIDE POLICE
    DEPT.; UNION COUNTY POLICE DEPT.; IRVINGTON POLICE DEPT.; ESSEX
    COUNTY SHERIFF’S OFFICE; MICHAEL GALLISHAW; ARMANDO B.
    FONTURA; PAULO DESOUSA; N.J. BUREAU OF HOUSING INSPECTION; ALVIN
    J. DYOTT; CURTIS F. WATTS; WILLIAM M. CONNOLLY; JOSEPH DEBRONZO;
    MARK J. BOTSKO; DIVISION OF YOUTH AND FAMILY SERVICES; FELICIA
    CRAWFORD; MARIA DORICENT; TONTE IKIRIKO; EMMANUEL ABESE; NEW
    JERSEY ATTORNEY GENERAL’S OFFICE; NEW JERSEY OFFICE OF THE
    PUBLIC DEFENDER; MARY BAXTER; MARIA GONZALEZ-JENNECK; CECIL
    TYNDALL; CHARLES AVERY CREWS; AMBER NOEL CREWS; TERRI M.
    PETTAWAY; TAWAYNA BAILEY; GLORIA DUGGINS; YOLANDA LABOY;
    HEATHER HALL; SUSAN POWERS; WILLIAM E. POWERS, JR.; POWERS KIRN,
    LLC; EDWARD E. CAPRIOLA, JR.; JOHN DOES; JANE DOES
    _______________________________________
    On Appeal From the United States District Court
    For the District of New Jersey
    (D.C. Civ. No. 05-cv-02986)
    District Court Judge: Honorable Faith S. Hochberg
    _______________________________________
    Submitted Under Third Circuit L.A.R. 34.1(a)
    August 11, 2006
    Before: FISHER, ALDISERT AND WEIS, CIRCUIT JUDGES
    (Filed: August 16, 2006)
    _______________________
    OPINION
    _______________________
    PER CURIAM.
    Appellant Joyce A. Caesar filed a civil Racketeer Influenced and Corrupt
    Organizations Act suit alleging violations of 
    18 U.S.C. §§ 1962
    (a), (b), (c), and (d),
    against over seventy defendants, claiming a sweeping conspiracy to steal her winning
    lottery tickets and intimidate her into forfeiting the money. Caesar paid the filing fee in
    the District Court and then filed an application to proceed in forma pauperis (“IFP”). The
    District Court granted the application and dismissed the suit as frivolous under 
    28 U.S.C. § 1915
    (e)(2)(B)(i). Caesar timely appealed.
    Caesar alleges that since 2000, the defendants, including, inter alia, the
    former acting Governor of New Jersey, the Mayor of Jersey City, thirteen state judges,
    many state agencies and their employees, Powerball and Megamillions, and four police
    departments, took part in a vast and powerful conspiracy to steal her lottery winnings, an
    estimated $138,100,000. She alleges that on four separate occasions, she bought and
    signed high-valued jackpot-winning lottery tickets. In each instance, persons acting on
    2
    behalf on the conspiracy stole her ticket and defrauded lottery officials to deprive her of
    her winnings. She alleges that everything from parking tickets and traffic stops to a
    foreclosure judgment in favor of Chase Manhattan Bank were carried out in furtherance
    of the conspiracy. Without elaboration, the District Court dismissed the complaint,
    concluding that it was frivolous on its face.
    We have jurisdiction pursuant to 
    28 U.S.C. § 1291
     and exercise plenary
    review. See Mitchell v. Horn, 
    318 F.3d 523
    , 530 (3d Cir. 2003). A court need not credit
    as true factual allegations that are “fantastic” or “irrational and wholly incredible.”
    Denton v. Hernandez, 
    504 U.S. 25
    , 33 (1992). Although we have carefully considered
    Caesar’s amended complaint and the attached documents, weighing the alleged facts in
    her favor, so far as possible, we conclude that the factual contentions are clearly baseless.
    See Neitzke v. Williams, 
    490 U.S. 319
    , 327-28 (1989). Taken individually none of
    Caesar’s allegations are fantastic. Rather, it is the vast power, scope, and complication of
    the whole alleged conspiracy combined with the near statistical impossibility of winning
    four major lotteries that make the allegations surpass all credulity.
    For the foregoing reasons, we will affirm the judgment of the District Court.
    3
    

Document Info

Docket Number: 06-1055

Citation Numbers: 193 F. App'x 119

Filed Date: 8/16/2006

Precedential Status: Non-Precedential

Modified Date: 1/12/2023