Casey-El v. Luber
MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff Sammy Lee Casey-El motion is GRANTED. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint because the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. Signed by District Judge Carol E. Jackson on 12/13/12. (MRS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SAMMY LEE CASEY-EL,
No. 1:12CV197 CEJ
MEMORANDUM AND ORDER
This matter is before the Court upon the motion of Sammy Casey-El for leave
to commence this action without prepayment of the filing fee pursuant to 28 U.S.C. §
1915. Upon consideration of the financial information provided with the motion, the
Court finds that plaintiff is financially unable to pay any portion of the filing fee. As
a result, plaintiff will be granted leave to proceed in forma pauperis pursuant to 28
U.S.C. § 1915. Additionally, the Court has reviewed the complaint and will dismiss
it pursuant to 28 U.S.C. § 1915(e)(2)(B).
28 U.S.C. § 1915(e)
Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court must dismiss a complaint filed
in forma pauperis if the action is frivolous, malicious, fails to state a claim upon which
relief can be granted, or seeks monetary relief from a defendant who is immune from
such relief. An action is frivolous if it “lacks an arguable basis in either law or fact.”
Neitzke v. Williams, 490 U.S. 319, 328 (1989); Denton v. Hernandez, 504 U.S. 25, 31
(1992). An action is malicious if it is undertaken for the purpose of harassing the
named defendants and not for the purpose of vindicating a cognizable right. Spencer
v. Rhodes, 656 F. Supp. 458, 461-63 (E.D.N.C. 1987), aff’d 826 F.2d 1059 (4th Cir.
1987). A complaint fails to state a claim if it does not plead “enough facts to state a
claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S.
544, 570 (2007).
Plaintiff brings this action under 42 U.S.C. § 1983 against the Honorable Byron
Luber, an associate circuit judge for Pemiscot County, Missouri.
Most of the
allegations in the complaint are incoherent. The allegations that can be discerned are
that plaintiff is of Moorish descent and, as such, he is not subject to the laws of
Missouri or the United States of America, and that plaintiff was issued a traffic citation
that the State did not have the authority to give to him.
The complaint is legally frivolous because judges are “entitled to absolute
immunity for all judicial actions that are not ‘taken in a complete absence of all
jurisdiction.’” Penn v. United States, 335 F.3d 786, 789 (8th Cir. 2003) (quoting
Mireles v. Waco, 502 U.S. 9, 11-12 (1991)). Moreover, plaintiff cannot unilaterally
bestow sovereign immunity upon himself. See United States v. Lumumba, 741 F.2d
12, 15 (2d Cir. 1984). As a result, his allegations regarding his Moorish heritage are
frivolous as well.
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis [Doc. 2] is GRANTED.
IT IS FURTHER ORDERED that the Clerk shall not issue process or cause
process to issue upon the complaint because the complaint is legally frivolous or fails
to state a claim upon which relief can be granted, or both.
Dated this 13th day of December, 2012.
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
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