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Precedential or Non-Precedential: Non-Precedential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ALD-162                                                     NOT PRECEDENTIAL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, 

, 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., 

, 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, 

, 233 (3d Cir. 2008) (quoting Bell Atlantic Corp. v. Twombly, 

, 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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