Konota Gaskins v. Rick Santorum ( 2009 )

Opinions of the United
2009 Decisions States Court of Appeals
for the Third Circuit
5-21-2009
Konota Gaskins v. Rick Santorum
Precedential or Non-Precedential: Non-Precedential
Docket No. 08-4522
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Recommended Citation
"Konota Gaskins v. Rick Santorum" (2009). 2009 Decisions. Paper 1333.
http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1333
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ALD-162 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
No. 08-4522
_____________
KONOTA GASKINS,
a individual and former Member of
Third East Hills Park Inc.,
Appellant
v.
RICK SANTORUM, Former United States Senator; RANDY VULAKOVICH; OFFICE
OF ATTORNEY GENERAL COMMONWEALTH
OF PENNSYLVANIA WESTERN REGIONAL OFFICE, MANOR COMPLEX; REV.
EUGENE BEARD; US DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; SECRETARY ALPHONSO JACKSON, (HUD); DIANA DECKER-
GRAY; LILLIE WALKER; HANSON DESIGN GROUP, LTD.; HENRY HANSON;
URA; DIRECTOR THOMAS CUMMINGS; JEROME N. DETTORE; COLETTE
O’LEARY; BETSY PUGH; (“TELESIS”); THIRD EAST HILLS LIMITED
PARTNERSHIP; OWNER MARYLAND MELKOWIAN; PARTNER FRANK WIN;
MARK ABELSON; NEIGHBORHOOD PARTNERS LLC; THE GROUP CT
MANAGEMENT, INC.; FRED KILLIAN; CHERYL MAHALIC-WYNN, acting
Manager for Second East Hills and, Third East Hills Partnership; DORNISH &
SCOLIERI P.C.; DANA J. RICHERSON; EAST HILLS RESTORATION INITIATIVE,
et. al AND; FORMER PRESIDENT: CLAUDIA M. WELLS; PRESIDENT: MONIQUE
SHORTER; MANCHESTER BIDWELL CORPORATION; BILL STRICKLAND; JIM
REID; MCKEESPORT YMCA; DEXTER HAIRSTON MENTAL HEALTH
SPECIALIST; JUNE ESSER; MENTORING PARTNERSHIP OF SOUTH WESTERN
PA; TIMOTHY G. BAUGHMAN; PENNSYLVANIA GAMING CONTROL BOARD,
RETIRED FBI SPECIAL AGENT IN CHARGE KEN MCCABE; PENNSYLVANIA
HOUSING FINANCE AGENCY; BRENDA WELLS; PENNSYLVANIA NATIONAL
GUARD COUNTERDRUG PROGRAM; STAFF SERGEANT P. JEFFREY
BERGAMASCO; TROOPER ROBIN MUNGO; PITTSBURGH BUREAU OF POLICE
ZONE 5; COMMANDER PHILIP DACEY; OFFICER MICHAEL GAY;
PITTSBURGH GATEWAYS CORPORATION; STEVE RADI; ROBERT MEEDER;
PITTSBURGH SOCCER IN THE COMMUNITY; JAMES MEARA; MARK J.
TAYLOR; PORT AUTHORITY OF ALLEGHENY COUNTY, POLICE
DEPARTMENT; NELSON MITCHELL; CURTIS BOYD; REDEVELOPMENT
AUTHORITY OF NEW KENSINGTON; KIMBERLY A. MCAFOOSE; SAFETY
KIDS INC.; DIANE L. BROWN; URBAN LEAGUE OF PITTSBURGH; LEE HIPPS;
DEBRA TUCKER; ODELL ROBINSO; ALVIN COBBINS; PETRA
INTERNATIONAL MINISTRIES, OPERATION NEHEMIAH AND IMANA
STUDENT ACADEMY; ACTION HOUSING INC.; LARRY SWANSON; MELANA
MEARS; ALLEGHENY COUNTY DEPARTMENT OF ECONOMIC
DEVELOPMENT; MICHAEL MCMUN; RICHARD A. RANII; ALLEGHENY
COUNTY HEALTH DEPARTMENT; EDWARD SCHWARTZ; ALLEGHENY
COUNTY DEPARTMENT OF HUMAN SERVICE; RUTH J. HOWZE; CHILDRENS
HOSPITAL; DAYNA JORNSAY HESTER; ALLEGHENY COUNTY HOUSING
AUTHORITY POLICE; MICHAEL J. VOGEL; ALLEGHENY COUNTY SHERIFF'S
OFFICE; STACEY HAINES; ALLE-KISKI AREA HOPE CENTER; PAT ZIRINGER;
CATY DUTKO; ASPECT CONSULTING/SURE TALK/6 DEGREES CONSULTING;
TOM DICKERSON; BOB LAWSON; BLUEROOF TECHNOLOGIES; JOHN G.
BERTOTY; BOY AND GIRLS CLUBS OF WESTERN PENNSYLVANIA; BUREAU
OF ALCOHOL, TOBACCO, FIREARMS & EXPLOSIVES; LOUIS J WEIERS;
COMMUNITY RESECH CORPORATION; TONY HALLETT; FEDERAL BUREAU
OF INVESTIGATION; BILL SHORE; LILLIE LEONARDI; JERUSALEM BAPTIST
CHURCH; REVEREND MILLIE JOHNSON; VICTORY SECURITY; CURTIS JONE,
JR.; WESTMORELAND COUNTY JUVENILE PROBATION OFFICE; MAJORIE
BING STANISLAW; WILKINSBURGH CHAMBER OF COMMERCE; VALERIE
TIERNO; WOMEN IN THE HOUSE; LISA SLAYTON; THE, BOARD OF PUBLIC
EDUCATION; RICHARD FELLERS, OPERATION'S MANAGER & SECRETARY;
BOARD OF DIRECTORS HEATHER ARNER; MARK BRENTLEY; THERESA
COLAIZZI; JEAN FINK; SHERRY HAZUDA; WILLIAM ISLER; FLYOD MCCREA;
THOMAS SUMPTER; RANDALL TAYLOR; SUPERINTENDENT MARK
ROOSEVELT
____________________________________
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. Civil No. 2-08-cv-01499)
District Judge: Honorable Gary L. Lancaster
____________________________________
Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)
or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
April 23, 2009
Before: SLOVITER, FUENTES and JORDAN, Circuit Judges
(Opinion filed: May 21, 2009)
_________
OPINION
_________
PER CURIAM
Konota Gaskins, pro se, appeals from the District Court’s order dismissing his
complaint under 28 U.S.C. § 1915(e)(2)(B) as frivolous and for failure to state a claim
upon which relief could be granted. The District Court also denied Gaskins’ motion for
reconsideration. Gaskins filed a timely notice of appeal. We have appellate jurisdiction
over this appeal under 28 U.S.C. § 1291, and review it for possible dismissal under 28
U.S.C. § 1915(e)(2)(B). An appeal must be dismissed under 28 U.S.C. § 1915(e)(2)(B) if
it has no arguable basis in law or fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989).
After reviewing the complaint, we determine that Gaskins’ appeal is lacking in
arguable legal merit, and will dismiss it pursuant to 28 U.S.C. § 1915(e)(2)(B). Gaskins
appeared to allege the existence of a massive conspiracy of corruption involving the
defendants and a redevelopment project in the East Hills section of Pittsburgh,
Pennsylvania. Even construing Gaskins’ pro se appeal liberally and in a light favorable to
him, we are unable to divine any viable claims or grounds for relief. See ALA, Inc. v.
CCAIR, Inc., 29 F.3d 855, 859 (3d Cir. 1994). Gaskins appears to invoke the Racketeer
Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962 (“RICO”), ethnic
intimidation under 18 Pa. Const. Stat. § 2710, and 42 U.S.C. § 1983. However, it is not
sufficient “to allege mere elements of a cause of action; instead ‘a complaint must allege
facts suggestive of [the proscribed] conduct.’” Phillips v. County of Allegheny, 515 F.3d
224, 233 (3d Cir. 2008) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 588 n.8
(2007)). Gaskins’ complaint contains neither elements of a cause of action nor facts that
identify proscribed conduct. Gaskins’ motion for the appointment of counsel is denied as
moot.
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