Tafari v. United States of America et al
MEMORANDUM OPINION. Signed by Chief Judge Catherine C. Blake on 6/2/2017. (kw2s, Deputy Clerk)(c/m 6.2.17)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
IZAYJAH KING TAFARI, a/k/a ALLAN
UNITED STATES OF AMERICA,
BRYANT OMS ASSOCIATES,
UNIVERSAL AMERICAN MORTGAGE
CAREFIRST BLUECROSS BLUESHIELD,
Civil Action No. CCB-17-1489
On March 23, 2017, Izayjah King Tafari, an Anne Arundel County resident also known
as Allan Gabay, commenced a civil action against three corporations and two individuals in the
Circuit Court for Anne Arundel County, Maryland. See Tafari v. Bruant OMS Associates, et al.,
Case No. C-02-cv-17-733 (Anne Arundel Co. Cir. Ct.). While that action was pending, on May
24, 2017, Tafari petitioned for removal of the case, which focused on employment
discrimination, medical malpractice, and a non-specific conspiracy claim between his mortgage
company and neighbors resulting in harassment, to this court. See Tafari v. Bruant OMS
Associates, et al., Civil Action No. RDB-17-1385 (D. Md.). Removal was found improper and
the case was remanded to the Circuit Court on May 26, 2017. Id., ECF 14, 15.
On June 1, 2017, Tafari filed a nearly identical action here, with one exception: he now
alleges the United States is liable based on his belief that defendants Tucker and Lee are “federal
law enforcement agents” and thus part of a “conspiracy”…to subject him to “psychological and
physical torture, sexual assault, harassment, identity and intellectual property theft, slander, and
stalking.”1 ECF 1 at pp. 5, 6. Tafari provides no supporting facts to support this fanciful and
delusional claim; instead, he documents that Tucker sought a protective order against him in the
District Court of Maryland for Anne Arundel County, resulting in a Final Peace Order restricting
Tafari (a/k/a Gabay) from harassing Tucker, and in which Tucker “states he is not in law
enforcement & does not know of any investigation relating to [Tafari].” ECF 1-1 p. 1.
Tafari filed his complaint under 28 U.S.C. § 1915(a)(1), which permits an indigent
litigant to commence an action in this court without prepaying the filing fee, and his motion for
leave to proceed in forma pauperis shall be granted. To guard against possible abuses of this
privilege, the indigency statute requires dismissal of any claim that is frivolous or malicious, or
fails to state a claim on which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). This
court is mindful of its obligation to liberally construe self-represented pleadings; nonetheless,
liberal construction does not mean that a district court can ignore a clear failure in the pleading to
allege facts which set forth a cognizable claim. See Weller v. Dep't of Soc. Servs., 901 F.2d 387,
391 (4th Cir. 1990); see also Beaudett v. City of Hampton, 775 F.2d 1274, 1278 (4th Cir. 1985)
(stating a district court may not “conjure up questions never squarely presented.”).
As noted, pursuant to 28 U.S.C. §1915(e)(2), a court is authorized to dismiss a case filed
in forma pauperis if it determines that the action raises an indisputably meritless legal theory or
is founded upon clearly baseless factual contentions, such as fantastic or delusional scenarios.
See Neitzke v. Williams, 490 U.S. 319, 327-28 (1989). Tafari’s allegation against the United
States merits such dismissal, and the United States is dismissed from this case.
To the extent that Tafari wishes to file an employment discrimination claim against
CareFirst BlueCross BlueShield, he may do so by filing such claim using the appropriate court1
Tafari attaches an exhibit suggesting that Jamiko Tucker was a police officer while living in Bermuda. ECF 1-1 at
The court notes that Tafari’s instant complaint contains no reference to
administrative proceedings before the Equal Employment Opportunity Commission (EEOC) or
similar agency with regard to his 2015 job loss. Before any employment discrimination claim
may proceed, Tafari will be required to file a copy of a right to sue letter from the EEOC, which
is issued after that agency investigates a Title VII claim. Failure to file the right to sue letter may
result in dismissal of the case.
The court now turns to Tafari’s other claims. Although Tafari states he has filed a
motion to dismiss the Anne Arundel Circuit Court action (ECF 1 at p. 1), the state docket does
not reflect that such motion has been filed, or granted.2 Thus, Tafari’s complaint shall be
construed as a petition for removal of his state court action. Under 28 U.S.C. § 1441(a), only
actions “brought in a State court of which the district courts of the United States have original
jurisdiction, may be removed by the defendant or the defendants, to the district court of the
United States for the district and division embracing the place where such action is pending.” See
Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). Tafari is not a defendant in the state
case; rather, he is the plaintiff. Although he does not petition for removal, he is in effect
attempting to remove his state court medical malpractice and conspiracy/harassment claims here.
As a plaintiff he cannot institute removal, and his state tort claims against Bryant OMS
Associates (medical malpractice), Universal American Mortgage Company, Jamiko Tucker, and
Trang Le (conspiracy) shall be dismissed without prejudice, to permit him to continue with these
claims as part of his ongoing state court proceedings. Tafari’s motion to compel/authorize
disclosure of confidential documents, national security letter, and gag order (ECF 2) is hereby
See Tafari v. Bryant OMS Associates, et al., Case No. C-02-CV-17-000733 (Cir. Ct. Anne Arundel Co.),
A separate Order follows.
June 2, 2017
Catherine C. Blake
United States District Judge
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