Bey v. Contes et al

Filing 9

ORDERED dismissing this matter without prejudice. FURTHER ORDERED denying Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. 2 ). Signed by Magistrate Judge David K Duncan on 2/3/17. (EJA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Morah Ella Bey,

No. CV-16-3611-PHX-DKD

Plaintiff,

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v.

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Connie Contes, et al.,

ORDER

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Defendants.

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The Court previously addressed this case in an Order dated November 3, 2016

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(Doc. 5). That Order gave Plaintiff the opportunity to file an Amended Complaint to

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address two apparent deficiencies in the original complaint. First, there appeared to be no

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basis for federal court jurisdiction. Second, the complaint was undecipherable in major

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part. In other words, the Court found it difficult to understand what the Plaintiff was

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trying to say.

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On December 16, 2016, the Plaintiff filed an Amended Complaint which asserts as

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the alleged basis for jurisdiction the following: “This court has jurisdiction over this

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matter pursuant to I herby hold the oath of[ccc] to uphold the constitution of this mateer

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Jd4190, court has no jurisdiction over [sb ,zb] [meb, bs] judge [ccc]and [dcs] has been

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unconstitutional, perjury under oath violation of acts Clerks masquerading as a judge , the

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temporary custody notice signed under threat dress and Corrosion , child trafficking,no

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due process §§ Title 18 U.S.C. Section 241: Conspiracy Against.” [quoted as in the

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original]

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The Court again finds that the Amended Complaint does not contain a plain

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statement demonstrating that the Court has jurisdiction. Plaintiff may be complaining

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that a state court judge and a state agency have taken custody of her children but the

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Amended Complaint does not demonstrate that this federal Court has jurisdiction over

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this matter. Plaintiff’s citation to 18 U.S.C. § 241 does not provide this Court with

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jurisdiction as this statute includes no private right of action. In other words, this is a

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criminal statute and only the United States Department of Justice may bring a legal action

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based on this statute. Mousseaux v. U.S. Com’r. of Indian Affairs, 806 F.Supp. 1433

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(D.S.D. 1992).

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Moreover, in our federal system of government, respect between the state and

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federal courts requires that federal courts often abstain from interfering with matters that

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are properly before the state courts. Railroad Comm’n of Texas v. Pullman Co., 312 U.S.

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496 (1941). As set forth in the previous Order, it may well be that Plaintiff may contest

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the state court action by an appeal to a higher court within the Arizona state court system.

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Thus, because Plaintiff did not comply with the previous Order that Plaintiff

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provide a “short and plain statement of the claim showing Plaintiff is entitled to relief”,

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the Court will take the action that it warned Plaintiff about and dismiss this case without

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prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), and pursuant to the consent of all

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parties who are presently before the Court to Magistrate Judge jurisdiction pursuant to 28

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U.S.C. § 636(c) (Doc. 8).

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IT IS THEREFORE ORDERED dismissing this matter without prejudice.

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IT IS FURTHER ORDERED denying Plaintiff’s Application to Proceed in

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District Court Without Prepaying Fees or Costs (Doc. 2).
Dated this 3rd day of February, 2017.

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