1:26-cv-00240•Ross v. Campanelli et al
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE KELLY ROSS v. Case No. 26-cv-240-SM-TSM JOY CAMPANELLI, GENINE D. EDWARDS, AND BRIAN GOTTLIEB REPORT AND RECOMMENDATION Self-represented Plaintiff, Kelly Ross, proceeding in forma pauperis, filed a Complaint (Doc. No. 1) in this court. The Complaint is before the court for preliminary review pursuant to 28 U.S.C. § 1915(e)(2) and LR 4.3(d)(2). PRELIMINARY REVIEW STANDARD In conducting preliminary review under 28 U.S.C. § 1915(e)(2) and LR 4.3(d)(2), the court construes pro se pleadings liberally. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). The court may dismiss claims if the court lacks subject matter jurisdiction, a defendant is immune from the relief sought, the complaint fails to state a claim upon which relief might be granted, or the action is frivolous or malicious. See 28 U.S.C. § 1915(e)(2); LR 4.3(d)(2). To determine if a pleading states a claim upon which relief can be granted, the court takes as true the facts asserted in the Complaint, and inferences reasonably drawn from those facts, strips away the legal conclusions, and considers whether the complaint states a claim that is plausible on its face. Hernandez-Cuevas v. Taylor, 723 F.3d 91, 102-03 (1st Cir. 2013) (citing Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). DISCUSSION The same named Plaintiff filed the same Complaint against the same Defendants asserting the same (scant) facts and legal conclusions in more than twenty federal district courts as of the Case 1:26-cv-00240-SM-TSM Document 3 Filed 04/02/26 Page 1 of 3
2 date of this Report and Recommendation. Plaintiff put a Houston, Texas, return address on pleadings in an envelope that bears a New York postmark. Plaintiff alleges that the three named Defendants, who are not identified in any way beyond their names, “had ex parte communication.” No federal question is identified, and no other facts are alleged. Plaintiff does not disclose the states of residence of Defendants. Confronting a similarly vacuous Complaint, the court in the District of Rhode Island dismissed the matter for lack of subject matter jurisdiction, without leave to amend: The plaintiff bears the burden of showing jurisdiction, and here there has been no real effort to do so. While the Court would ordinarily extend an opportunity to amend, in this case it does not: there are too many defects and it is evident to the Court that this is a “ghost” complaint, not brought by a real person who suffered a real injury as a result of a real violation of federal or any other law. Mar. 13, 2026 Text Order, Collins v. Fang, No. 1:26-cv-00152-MRD-PAS (D.R.I. Mar. 13, 2026) (citations omitted). And as to the same Complaint filed here and in more than twenty other courts, the court in the Central District of Illinois stated the following, in dismissing that case with prejudice as malicious: Because Plaintiff has filed over twenty complaints with no factual allegations in courts around the country with no connection to the parties, the Court concludes that her suit is intended to harass rather than to legitimately seek relief. Further, as this Court has discussed in other cases, this appears to be part of a larger trend of malicious litigation instituted in the federal courts. Ross v. Campanelli, No. 1:26-cv-01117-MMM-RLH (C.D. Ill. Mar. 30, 2026) (ECF No. 3) (citing Sullivan v. Pacheco, No. 4:26-cv-04020-SLD-RLH, fn. 1 (C.D. Ill. Feb. 5, 2026); Williams v. Jimenez, No. 4:26-cv-04003-SLD-RLH (C.D. Ill. Jan. 6, 2026)). The Complaint here warrants the same disposition. The facts alleged fail to establish Case 1:26-cv-00240-SM-TSM Document 3 Filed 04/02/26 Page 2 of 3
3 subject matter jurisdiction and would not be deemed sufficient to satisfy the requirements of Fed. R. Civ. P. 8, or to state any claim upon which relief can be granted, even if jurisdiction could be deemed to exist. The suit appears to be malicious and an abuse of process. Accordingly, the district judge should dismiss the Complaint in its entirety, and then the Clerk’s Office should close the case. CONCLUSION For the foregoing reasons, the District Judge should dismiss the Complaint in its entirety, and then the Clerk’s Office should enter judgment and close the case. Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. See Fed. R. Civ. P. 72(b)(2). The objection period may be extended upon motion. Only those issues raised in the written objections “‘are subject to review in the district court,’” and any issues “‘not preserved by such objection are precluded on appeal.’” Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016) (citations omitted). _________________________ Talesha L. Saint-Marc United States Magistrate Judge April 2, 2026 cc: Kelly Ross, pro se Case 1:26-cv-00240-SM-TSM Document 3 Filed 04/02/26 Page 3 of 3
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