Yi v. Montgomery County of Maryland

Filing 4

MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 4/18/2016. (kw2s, Deputy Clerk)(C/M 4/18/2016)

FILED

courn

U.S. DISTRICT
IN THE UNITED STATES DISTRICT CO~IRJf\ICT MARYLAND
OF
FOR THE DISTRICT OF MARYLAND
SOlilltem

10lb APR I 8 A lQ: 08

DiI'isioll

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CLEfiK'S omCE

t.T GKE~~/SELT

CHONG SU YI,

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Plaintiff,

Case No.: G./II-16-1177

v.

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MONTGOMERY COUNTY
OF MARYLAND,

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Defendant.

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MEMORANDUM OPINION
The above-captioned

Complaint

Motion to Proceed in Forma Pauperis.

was tiled on March 23. 2016. ECF No. I. together with a
lOCI' NO.2. The Motion l(lI"Leave to Proceed in Fortna

Pauperis shall be granted.
The Complaint

characterizes

the facts and arguments

in his case as follows:

Montgomery
County Maryland herein County: has Constitutional
pO\\er and
authority vested to enact county ordinances: and allow residential and commercial
buildings enabling homes !()r many of its rcsidents.
One of its homes: are Progess Place in Silver Spring MD and Montgomery
County:
Per
its
o\m
website
a
http://\\w\v.silverspringdownto\m.com/go/progress-place
Testi tics
under
copyright law. it is owned by Montgomery
County. It is due to stop offering
sleeping arrangements to homcless people: all are Montgomery County Residents
from April I to October 31 st of each year. and this raised issue li'om Incident is
brought before the court.

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Plaintiff is Pauper with invention and authorship. within meaning of Article I
Section 8: clause 8 of 'promote'
in Constitution i.e. PJM 16 CV 0756 Md. D.:
Exhibit A: And evicted by State's District Court #6-1: case number 601-133392015: County then Directed Plaintiff to Progress Place: and was advised. sleeping
arrangement would no longer be offered. as of end of March. till end of October.

County violated 5th and 14th amendmcnt. dcprivation of propcrty without duc
process of the law, when it evictcd Plaintiff from place of house at 1426 Squaw
Hill Lane Silvcr Spring Md 20906, and not rcmcdics statc of bcing Ilomclcss:
This is violation of . Promote' in Article I Scction 8. clausc 8: Also it is \'iolation
of First Amcndment. in Statc's right to categorize: it is allowcd to Catcgorizc
homeless people and not homeless people and treat thcm accordingly: But for
Law to prevail First Amcndmcnt Challengc: it must prc\'aii: State's Best Intcrcst:
It simply means if there is less intrusive way to regulate Liberty. Lifc. Pursuit of
Happincss: it must takc it: rcgardlcss.
State is allowed to ,Govern its people under its consem to be governed: but State is
not allowed to bc as intrusive as it want in regulating Life Libcrty Pursuit of
Happiness. State may not dictate citizen to walk to \vorL because its good for
health and dcvelopmcnt. As State is not allowcd to force peoplc not to provide
home; as it do with those who can afford homc: paying full price: there cannot be
ditTerences between who can pay and who cannot pay: thc home must bc cqual: in
every way. Constitution does not make distinction between who can pay and who
cannot pay.
There is only one mcntion of money in Constitution: taxation, Otherwise
Constitution is silent in how and what to do inmattcr ofmoncy among its public.
Therefore. County deprived property of Plaintiff without duc proccss of thc law
mentions in 5th and 14th amendment.
ECF NO.1 at 2-4.
Plaintiff seeks an injunction ordering Montgomcry County to kecp Progress Place open
with accommodating sleeping arrangcmcnts. and an ordcr dirccting the "County to meet its Itdl
constitutional obligations to provide its home lost in eviction:' Id. at 5.
Pursuant to 28 U.S,c. ~ 1915(e)(2). a court may dismiss a case tiled in forma pauperis if
it determines that the action is frivolous or fails to statc a claim on which relief may bc granted.
An action is frivolous if it raises an indisputably meritless legal theory or is founded upon c1carly
baseless faetual contentions. such as fillltastic or delusional scenarios. Neil::ke \'. Wi//illl/ls.490
U.S. 319, 327-28 (1989). As notcd by Judge Hollander:
To bc surc. this court is required to construe libcrally a complaint Iiled by a self.
representcd litigant. see Ericksol7l', Pun/us. 551 U.S. 89.94.127 S, Ct. 2197.167
L. Ed, 2d 108 I (2007). and to exam inc the complaim using a Icss stringent
standard than for those draftcd by attorneys. !d: see a/so Gardol7 \'. Leeke. 574
F.2d 1147. 115\ (4th Cir.1978). This court must allow the dcvelopmcnt of a
potentially meritorious case. see Hughes \'. Rowc. 449 U.S. 5.9.101 S. Cl. 173.
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66 L. Ed. 2d 163 (1980): Cruz \'. Belo.405 U.S. 319. 92 S. Ct. 1079.31 L. Ed. 2d
263 (1972). and must assume the complaint allegations to be true. Erieksoll. 551
U.S. at 93.
However. under 28 U.S.c. ~ 1915. coul1s are requircd to screen a plaintifrs
complaint when ill .fiJrJlWpauperis status has been granted. Pursuant to this
statute. numerous courts have perfonned a preliminary screening of non-prisoner
complaints. See. e.g.. Miehau \'. Charlesloll CIlI)'.. S.c.. 434 l'.3d 725. 7'27 (4th
Cir. 2006) (applying 28 U.S.c. ~ 1915(e)(2)(B) to preli!ninary screening of a
nonprisonercomplaint): Emlls \'. Alhaugh. 2013 WL 5375781 (N.D.W. Va. 2013)
(28 U.S.c. ~ 1915(e) authorizes dismissal of complaints tiled in forma pauperis).
Under 28 U.S.c. ~ 1915(e)(2)(B)(ii). the court must dismiss a plaintitrs
complaint if it fails to state a claim on which relief may be granted. Although
pleadings tiled by a selt:represented plaintiff are to be liberally construed. the
plaintiffs complaint must contain factual allegations sufticient ..to raise a right to
relief above the speculative lever' and that "state a claim to relief that is plausible
on its face:' Bell Allaillie \'. T\rolllhl)'. 550 U.S. 544. 555.127 S. Ct. 1955. 167 L.
Ed. 2d 929 (2007).
Harris

l'.

Janssen Heallhcare Prods .. No. EI.H-15-2730. 2015 WI. 5897710. at *2 (D. Md. Oct.

6,2015).
Plaintiff has not provided any infc)rmation that might Icad to a reasonable conclusion that
some plausible cause of action has accrued on his behalf Accordingly. Plaintifrs case is
DISMISSED. A separate Order follows.

k/e--

Date: April/( . 2016

GEORGE.I. IlAZE\.
United States District .ludge

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