2006 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

12-5-2006

Carpenter v. PA State Univ

Precedential or Non-Precedential: Non-Precedential

Docket No. 06-3600

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Recommended Citation

"Carpenter v. PA State Univ" (2006). 2006 Decisions. Paper 130.

http://digitalcommons.law.villanova.edu/thirdcircuit_2006/130
ALD-53 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

NO. 06-3600

________________

PAUL E. CARPENTER,

Appellant,

v.

PENNSYLVANIA STATE UNIVERSITY; THE APARTMENT STORE; WALK’S

SERVICE CENTER & AUTO BODY; ATLAS REALTY MGMT. CO., INC.; STATE

COLLEGE POLICE DEPARTMENT; THE CENTRE DAILY TIMES; CENTRE

COUNTY BOARD OF ARBITRATION; CENTRE COUNTY COURT OF COMMON

PLEAS; PENNSYLVANIA HUMAN RELATIONS COMMISSION; THE STATE OF

PENNSYLVANIA; UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION; THE SHANER HOTEL GROUP; THE AMERICAN EDUCATION

SERVICES

_________________________________

On Appeal From the United States District Court

For the Middle District of Pennsylvania

(D.C. Civ. No. 06-cv-01378 )

District Judge: Honorable Malcolm Muir

_______________________________________

Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B)

November 22, 2006

Before: SLOVITER, CHAGARES AND NYGAARD, CIRCUIT JUDGES 

 

(Filed: December 5, 2006)

_______________________

 OPINION

_______________________

PER CURIAM 

Appellant, Paul Carpenter, proceeding pro se and in forma pauperis, appeals an
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order of the United States District Court for the Middle District of Pennsylvania

dismissing his complaint. For the following reasons, we conclude his appeal is meritless

and we will dismiss it under 28 U.S.C. § 1915(e)(2)(B).

Carpenter filed a complaint in the District Court containing a litany of prolix

allegations detailing his interactions with the thirteen defendants named in his suit. 

Carpenter also submitted a 197-page appendix. The District Court identified numerous

defects in the complaint, including non-compliance with the notice pleading requirements

of FED. R. CIV. P. 8, failure to state proper grounds for joinder of multiple defendants

under FED. R. CIV. P. 20(a), assertion of claims under federal statutes that do not provide

a private right of action, and inclusion of state law claims without asserting a basis for

diversity jurisdiction. The District Court dismissed the complaint without prejudice and

gave Carpenter twenty days to file an amended complaint. Carpenter instead filed a

notice of appeal of the order, along with a memorandum expressing his desire to stand on

his original complaint. We therefore have jurisdiction under 28 U.S.C. § 1291. See

Borelli v. City of Reading, 532 F.2d 950, 951 n.1 (3d Cir. 1976). 

We agree with the District Court’s assessment of Carpenter’s complaint. 

Carpenter has not provided the defendants with fair notice as to the nature of his federal

claims, nor has he set forth sufficient grounds for a federal court to exercise diversity

jurisdiction over any state law causes of action that could be discerned from the

complaint. We conclude the appeal lacks an arguable basis in law or fact and thus we

will dismiss it. See 28 U.S.C. § 1915(e)(2)(B); Neitzke v. Williams, 490 U.S. 319, 325
(1989). 

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