MORRISH SCIENCE TEMPLE OF AMERICA et al v. STATE OF INDIANA et al

Filing 4

ENTRY Directing Further Proceedings - The plaintiff shall have through April 28, 2015, in which to either pay the $400.00 filing fee for this action or demonstrate that he lacks the financial ability to do so through the filing of a motion fo r leave to proceed in forma pauperis. Given the deficiencies noted, the complaint is dismissed. The dismissal of the complaint will not lead to the dismissal of the action at this time. Sheik McGraw El shall have through April 28, 2015, in which to file an amended complaint that states a viable claim for relief in light of the deficiencies noted in Part II of this Entry, if he chooses to do so. **SEE ENTRY** Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 4/1/2015.(AH)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MOORISH SCIENCE TEMPLE OF
AMERICA,
MCGRAW EL Sheik,
Plaintiffs,
v.
STATE OF INDIANA,
LAWRENCE TOWNSHIP Municipality Posse
Comitatus,
Defendants.

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Case No. 1:15-cv-00509-JMS-DKL

Entry Discussing Filing Fee, Dismissing Complaint
and Directing Further Proceedings
I.
The plaintiff shall have through April 28, 2015, in which to either pay the $400.00 filing
fee for this action or demonstrate that he lacks the financial ability to do so through the filing of a
motion for leave to proceed in forma pauperis.
II.
District courts have an obligation under 28 U.S.C. § 1915(e)(2)(B) to screen complaints
before service on the defendants, and must dismiss the complaint if it is frivolous or malicious,
fails to state a claim for relief, or seeks monetary relief against a defendant who is immune from
such relief. In determining whether the complaint states a claim, the Court applies the same
standard as when addressing a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6).

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See Lagerstrom v. Kingston, 463 F.3d 621, 624 (7th Cir. 2006). To survive dismissal under federal
pleading standards,
[the] complaint must contain sufficient factual matter, accepted as true, to state a
claim to relief that is plausible on its face. A claim has facial plausibility when the
plaintiff pleads factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct alleged.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Thus, a “plaintiff must do better than putting a few
words on paper that, in the hands of an imaginative reader, might suggest that something has
happened to her that might be redressed by the law.” Swanson v. Citibank, N.A., 614 F.3d 400, 403
(7th Cir. 2010) (emphasis in original).
Applying this standard to the complaint, the complaint is subject to dismissal because it
fails to state a claim upon which relief may be granted. In this action, the Moorish Science Temple
of America and “MCGRAW EL, SHEIK” seek money damages from the State of Indiana and the
“Lawrence Township Municipality Posse Comitatus.” The plaintiffs’ claims apparently arise out
of a March 11, 2015, traffic stop which resulted in McGraw El’s arrest and the search and
confiscation of his personal items. He seeks money damages. The most obvious deficiencies in the
complaint are the following:
1) The plaintiff Sheik McGraw El is not an attorney and does not have standing to assert
the rights of the Moorish Science Temple of America and no right to act on its behalf. Warth v.
Seldin, 422 U.S. 490, 499 (1975); see generally U.S. v. Hagerman, 545 F.3d 579, 581 (7th Cir.
2008). Accordingly, any claim thought to be asserted by the Moorish Science Temple of America
is dismissed.
2) The complaint fails to state a viable claim for money damages against the defendants.
Eleventh Amendment immunity bars this suits against states and their agencies regardless of the
relief sought, whether damages or injunctive relief. Seminole Tribe of Florida v. Florida, 517 U.S.
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44, 58 (1996); Pennhurst State School and Hospital v. Halderman, 465 U.S. 89, 102 (1984). In
addition, the state is not a “person” subject to suit pursuant to 42 U.S.C. ' 1983 under the
circumstances alleged in the complaint. Will v. Michigan Department of State Police, 491 U.S. 58
(1989). Claims against “Lawrence Township Municipality Posse Comitatus” are dismissed
because this is not (contrary to the plaintiff’s assertion) a corporation incorporated under the laws
of Indiana. If Sheik McGraw El intended to sue the City of Lawrence or individual members of
the perceived “posse” he shall have the opportunity to amend his complaint accordingly.
Accordingly, the State of Indiana and the Lawrence Township Municipality Posse Comitatus are
dismissed.
3) The substance of many of the claims is also deficient because nothing more is provided
than a listing. The Complaint provides:

“A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a
cause of action will not do.’ Nor does a complaint suffice if it tenders ‘naked assertion[s]’ devoid
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of >further factual enhancement.’” Ashcroft, 556 U.S. at 678 (quoting Bell Atl. Corp. v. Twombly,
550 U.S. 544, 555, 557 (2007)).
Given the deficiencies noted above, the complaint is dismissed.
III.
The dismissal of the complaint will not lead to the dismissal of the action at this time. Sheik
McGraw El shall have through April 28, 2015, in which to file an amended complaint that states
a viable claim for relief in light of the deficiencies noted in Part II of this Entry, if he chooses to
do so.
In filing an amended complaint, the plaintiff shall conform to the following guidelines: (a)
the amended complaint shall comply with the requirement of Rule 8(a)(2) of the Federal Rules of
Civil Procedure that pleadings contain “a short and plain statement of the claim showing that the
pleader is entitled to relief. . . . ;” (b) the amended complaint must identify what legal injury he
claims to have suffered and which individuals are responsible for each such legal injury; and (c)
the amended complaint shall contain a clear statement of the relief that is sought. The amended
complaint shall have the words “amended complaint” and the proper case number, 1:15-cv-509JMS-DKL, on the first page.
If no amended complaint is filed, the action will be dismissed in its entirety for failure to
state a claim upon which relief can be granted.
IT IS SO ORDERED.

Date: __________________
04/01/2015

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Distribution:
Financial Deputy Clerk
MCGRAW EL
Crawfordsville Road
Suite F PMB 280
Speedway, IN 46224

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