King/Morocco v. University of Houston et al

Filing 8

ORDER and REASONS re: 7 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court. The motion filed by "The King/Morocco" is DENIED, and the Magistrate Judge's July 30, 2019 Order and Reasons is AFFIRMED. Signed by Judge Martin L.C. Feldman on 11/8/2019. (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

THE KING/MOROCCO

CIVIL ACTION

v.

NO. 19-10772

UNIVERSITY OF HOUSTON, ET AL.

SECTION "F"

ORDER AND REASONS

Before the Court is the plaintiff’s “motion to waive right
before magistrate judge,” which is construed as a motion for review
or appeal of the magistrate judge’s July 30, 2019 Order and
Reasons.

For the reasons that follow, the motion is DENIED, and

the magistrate judge’s ruling is AFFIRMED.
Background
Myron Gerard Simms, Jr. claims that he was admitted to the
University of Houston in 2012, contingent upon completion summer
classes and maintaining a certain grade point average.

While

enrolled at the University, the plaintiff alleges that he worked
one full-time and one part-time job and still could not afford
school.

On August 8, 2019, Simms filed with the Secretary of State

of Texas a change of status and he now apparently refers to himself
as “The King/Morocco.”

Having insufficient funds to pay for
1

school, he dropped out.

He then was “harassed” by the U.S.

Department of Education and by collection agencies attempting to
collect the outstanding debt on behalf of the University.
alleged

that

the

University

has

transcript until he pays his debt.

also

refused

to

It is

release

his

Which he cannot pay because he

is unemployed and “a victim of poverty.”
Identifying as “aboriginal, indigenous” and “a sovereign,”
the plaintiff as “The King/Morocco,” then filed this lawsuit
against University of Houston and the U.S. Department of Education,
claiming discrimination (on the basis that he is “a Moor” and of
African descent) and claiming that it is unlawful to withhold his
transcript until he pays an outstanding bill of $5,767.99. 1

He

also alleges that neither defendant has the ability to collect a
debt from him, “a sovereign.”

He seeks damages for torture,

discrimination, fraud, negligence, and genocide.
Along with his complaint, “The King/Morocco” requested leave
to proceed in forma pauperis.

On July 30, 2019, the magistrate

judge issued an Order and Reasons denying with prejudice the
Application to Proceed in District Court without prepayment of
fees or costs and the complaint filed by “The King/Morocco” was

1

In the complaint, numerous statutes and treaties are listed as
being at issue or as jurisdictional predicates.
2

dismissed with prejudice; the magistrate judge denied
without prejudice the same application as to Myron G. Simms, Jr.
I.
Mr. Simms alleges that he attended University of Houston
and suggests that he dropped out when h e
pay for school.
incurred

a

could not afford to

He does not appear to dispute that he may have

debt.

Rather,

he

alleges

that

neither

the

University nor the Department of Education may pursue or collect
the debt because he is “a sovereign,” “The King/Morocco.”

Chief

Magistrate Judge Roby found that such a claim fails to state a
claim for relief.

The Court agrees.

Morocco” advances a sovereign citizen
and

federal

governments

lack

Insofar as “The King/
theory

(that

state

constitutional legitimacy and

therefore lack authority to regulate a sovereign’s behavior to,
say, collect a debt),2
notes

that

such

Chief

arguments

summarily, as frivolous.

Magistrate
have

been

Judge Roby correctly
uniformly

rejected,

See, e.g., United States v. Benabe,

654 F.3d 753, 767 (7th Cir. 2011); United States v. Jagim, 978

2

See United States v. Weast, 811 F.3d 743, 746 n.5 (5th Cir.),
cert. denied, 137 S. Ct. 126 (2016)(“The sovereign citizen movement
is a loose grouping of litigants, commentators, and tax protesters
who often take the position that they are not subject to state or
federal statutes and proceedings.”); see also El Ameen Bey v.
Stumpf, 825 F. Supp. 2d 537 (D.N.J. 2011)(explaining the myth of
the “Moorish Movement” and other similar fictions such as
“sovereign citizens” and their motives).
3

F.2d 1032, 1036 (8th Cir. 1992); El Ameen Bey, 825 F. Supp. 2d at
560.
Simms as “The King/Morocco” fails to persuade the Court that
Chief Magistrate Judge Roby erred in denying the application to
proceed without prepayment of fees as to “The King/Morocco” or in
dismissing

with

King/Morocco.” 3

prejudice

the

“claim”

advanced

by

“The

Any claim advanced by “The King/Morocco” that

he/it is immune from incurring debt under a sovereign citizen
theory is patently frivolous.

The Court declines to waste any

additional judicial resources on this matter.
The motion filed by “The King/Morocco” is DENIED, and the
magistrate judge’s July 30, 2019 Order and Reasons is AFFIRMED.
Future filings filed by “The King/Morocco” shall be met with
sanctions

including

monetary

sanctions

against

Mr.

Simms

or

striking of pleadings.
New Orleans, Louisiana, November 8, 2019

_____________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE

3

Nor did Chief Magistrate Judge Roby err in dismissing without
prejudice the application insofar as Mr. Simms may wish to pursue
some claim personally and pro se.
4