Robinson v. Lynch et al

Filing 5

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff Shawn Donnell Robinson. IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF No.2] is GRANTED.IT IS FURTHER ORDERED that the pla intiff must pay an initial filing fee of $10 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IIT IS FURTHER ORDERED that this action is DISMISSED without prejudice.An Order of Dismissal will be filed separately. Signed by District Judge Stephen N. Limbaugh, Jr on 8/1/16. (CSG)

FILED

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

SHAWN DONNELL ROBINSON,
Plaintiff,
v.

LORETTA LYNCH, et al.,
Defendants,

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AUG 01 2016
U. S. DISTRICT COURT
EASTERN DISTRICT OF "vIO
CAPE GIRARDEAU

No. 4: 16-CV-1099 SNLJ

MEMORANDUM AND ORDER

Plaintiff, a prisoner, seeks leave to proceed in forma pauperis in this civil action under 18
U.S.c. § 2520 and Bivens v. Six Unknown Agents, 403 U.S. 388 (1971). Having reviewed
plaintiff's financial information, the Court assesses a partial initial filing fee of $10. See 28
U.S.C. § 1915(b). Additionally, this action is dismissed under 28 U.S.C. § 1915(e).
Standard of Review

Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma
pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted.
To state a claim for relief under Bivens, a complaint must plead more than "legal conclusions"
and "[t]hreadbare recitals of the elements of a cause of action [that are] supported by mere
conclusory statements." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

A plaintiff must

demonstrate a plausible claim for relief, which is more than a "mere possibility of misconduct."
Id. at 679. "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." [d. at 678. Determining whether a complaint states a plausible claim for relief [is] a

context-specific task that requires the reviewing court to draw on its judicial experience and
common sense. Id. at 679.

The Complaint
Plaintiff is currently under prosecution by the United States on a charge of conspiracy to
possess with intent to distribute in excess of one kilogram of heroin in violation of 21 U.S.C.
§§ 846 & 841(a)(1). United States v. Robinson, No. 4:15-CR-I00 HEA (E.D. Mo.). Although
represented by counsel, plaintiff has filed several pro se motions in that action. E.g., Motion for
Order the [sic] U.S. Attorney and Homeland Security ICE Agents to drive at least 120 to 140
mile [sic] to discuss case on Shawn D. Robinson (Doc. No. 220). His motions to suppress have
been denied by the Court.
In this case, plaintiff sues defendants in their official capacities. His allegations pertain to
the investigation leading to the above-cited criminal action. He alleges that the ICE defendants
violated the Federal Wiretap Act, 18 U.S.C. §§ 2510-22. His allegations are entirely conclusory
in that he repeatedly claims that defendants "violated the law" and "illegally" wiretapped his
communications and took his personal property.

Many of his allegations are nonsensical.

Mostly, he alleges that each of the agents conducting the investigation lied about his involvement
in the alleged conspiracy.

Discussion
The allegations are legally frivolous because they are conclusory and fail to allege facts,
which if proved, would entitle plaintiff to relief.
Additionally, plaintiffs Bivens claims are frivolous.

Official-capacity against federal

agents are equivalent to a suit against the United States. The United States, however, is immune
from suit under the Eleventh Amendment.

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The Wiretap Act, 18 U.S.C. § 2520, permits civil suits for damages by private actors for
unlawful wiretaps or their disclosure. However, suits against the United States are prohibited.
18 U.S.C. § 2520(a). As a result, plaintitPs claims under the Act are frivolous.
For these reasons, this action is dismissed.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF

No.2] is GRANTED.
IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $10

within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance
payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his
prison registration number; (3) the case number; and (4) that the remittance is for an original
proceeding. I
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed separately.

Dated this

/~f

day of August, 2016.

STEPHENN.UMBAGH, JR.
UNITED STATES DISTRICT JUDGE

1 Prisoners must pay the full amount of the $350 filing fee. After payment of the initial partial filing fee, the
prisoner is required to make monthly payments of 20 percent of the preceding month's income credited to the
prisoner's account. The agency having custody of the prisoner wiII deduct the payments and forward them to the
Court each time the amount in the account exceeds $10. 28 U.S.c. § 1915(b)(2).

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